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High Court of Karnataka Quashes FIR Against Public Servant in Lokayukta Case for Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Criminal proceedings initiated without prior sanction from competent authority are void ab initio and cannot be sustained.

The petitioner, Mr. Thimmaiah, was arrayed as accused No.1 in Crime No.80/2015 registered by the Lokayukta Police, Bangalore Urban Division, for offen...

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Supreme Court Upholds Compulsory Retirement of Railway Protection Force Constable for Gross Neglect of Duty and Abuse of Authority. High Court's Reinstatement Order Set Aside for Exceeding Writ Jurisdiction by Reappreciating Evidence.

The case arose from disciplinary proceedings against Rajendra Kumar Dubey, a Constable in the Railway Protection Force (RPF), who was charged with gro...

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Supreme Court Upholds Union of India in Section 17A Challenge — Prior Approval Requirement for Investigating Public Servants is Constitutionally Valid. Read Down to Mandate Independent Screening; Lokpal to Approve for Covered Public Servants.

The writ petition was filed by the Centre for Public Interest Litigation challenging the constitutional validity of Section 17A of the Prevention of C...

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Supreme Court Upholds Compulsory Retirement Order of Government Servant Under Rule 165-A as Not Dismissal and Not Requiring Compliance with Article 311(2) of the Constitution. Compulsory Retirement Order Upheld as Valid Under Rule 165-A, Service Rules Not Violative of Article 311(2).

The case involved a government servant who was compulsorily retired from service under Rule 165-A of the Bombay Civil Services Rules, as applicable to...

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Bombay High Court at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Lack of Sanction Under Section 197 CrPC. Petitioner, a public servant, was prosecuted for criminal breach of trust without prior sanction as required under Section 197 CrPC, rendering the proceedings invalid.

The petitioner, Shri Babruwan Kinalkar, was a driver employed by the Kadamba Transport Corporation Limited (respondent no.2), a public sector undertak...

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Supreme Court Allows Appeal of BIS Employee in Sexual Harassment Case Due to Lack of Sanction for Prosecution. Sanction for prosecution under Section 197 CrPC is mandatory for public servants acting in official capacity; refusal of sanction by competent authority renders criminal proceedings invalid.

The present criminal appeal arises from an order of the High Court of Judicature at Allahabad, Lucknow Bench, which dismissed the appellant's petition...