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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...

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Supreme Court Dismisses Appeal Against Conviction of Dismissed Public Servant for Criminal Misconduct Under Prevention of Corruption Act, 1947. No Sanction Under Section 6 Required as Accused Was No Longer a Public Servant at Time of Cognizance.

The Supreme Court of India considered the requirement of sanction under Section 6 of the Prevention of Corruption Act, 1947 in a case where the accuse...

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Bombay High Court Upholds Removal of Bank Officer in State Bank of India Disciplinary Case. Penalty of Removal from Service under Rule 67(i) of State Bank of India Officers Service Rules Upheld as Not Disproportionate to Charges of Irregularities as Branch Manager.

The petitioner, Gopal Vajani, was employed by the State Bank of India (the Bank) since 1978, rising from Clerk-cum-typist to Scale-III officer. He was...

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Bombay High Court Acquits Appellant in Corruption Case Due to Lack of Evidence of Criminal Misconduct. Conviction under Section 5(2) read with Section 5(1)(d) of Prevention of Corruption Act, 1947 set aside as prosecution failed to prove abuse of official position or pecuniary advantage.

The appellant, Waman Somaji Burde, was the District Deputy Registrar (Cooperative Societies) in Nagpur from 1 July 1985 to 13 May 1987. He was prosecu...

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High Court of Karnataka Dismisses Appeal by Corporation Against Reduction of Punishment in Disciplinary Case — Withholding of Increments with Cumulative Effect Held Disproportionate for Unauthorized Absence by Junior Assistant.

The case involves a writ appeal filed by M/s Karnataka Food and Civil Supplies Corporation Ltd. (the appellant) against an order dated 05.08.2024 pass...

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Bombay High Court Quashes Charge Sheet Against Income Tax Officer for Lack of Sanction Under Section 197 CrPC. Disciplinary proceedings initiated without prior sanction from the Central Government are invalid as the officer was not removable from service without such sanction.

The petitioner, Shri Nai Pal Singh, an employee of the Income Tax Department working as Commissioner of Income Tax (Departmental Representative), file...

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High Court of Karnataka Quashes Criminal Proceedings Against Government Officer Due to Bar Under Civil Services Rules — Prosecution for Misappropriation of Funds Held Barred by Rule 214(3) and (6) of Karnataka Civil Services Rules, 1958 as Sanction Was Not Obtained.

The petitioner, a former Block Development Officer, was accused of misappropriating Rs.11,47,360/- during 2004-2005. An FIR was registered under Secti...