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2023 Supreme(P&H) 435

ANUPINDER SINGH GREWAL
Tulsi Ram Mishra – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Vaibhav Sehgal, Advocate, for the Appellant; Mr. Luvinder Sofat, DAG, Dr. Anmol Rattan Sidhu, Senior Advocate with Mr. Anandeshwar Gautam, Advocate and Ms. Tejaswini, Advocate, Mr. Satyapal Jain, Additional Solicitor General of India with Mr. Dheeraj Jain, Senior Panel counsel, for the Respondent.

Table of Content
1. petition under section 482 of cr.p.c. concerning discharge of public servant. (Para 1 , 2 , 3)
2. arguments regarding the validity of sanction and competency of authorities. (Para 4 , 5 , 6)
3. analysis on competence and process of sanction under the pc act. (Para 8 , 9 , 18)
4. importance of addressing public corruption allegations and maintaining integrity. (Para 29 , 30)
5. direction for re-evaluation of sanction by competent authority. (Para 43 , 44 , 46)

JUDGMENT

Anupinder Singh Grewal, J. - This petition has been preferred under Section 482 of the Cr.P.C. impugning the order dated 08.01.2015 whereby the Special Judge, SAS Nagar, has discharged respondent No.2 in a criminal case arising out of FIR No.9 dated 09.11.2009, registered under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act').

I. Submissions on behalf of the petitioner

2. Learned counsel for the petitioner had submitted that the allegations against respondent No.2 were serious inasmuch as he was caught red-handed while accepting illegal gratification of Rs.2 lacs in the presence of two witnesses. The State Government had accorded sanction on 27.04.2010

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