2004 (2) TMI 728

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..... nt, he forged documents and misappropriated various amounts payable as unemployment assistance to various persons and thereby derived undue pecuniary advantage and committed the offences punishable under S. 13(2) read with S. 13(1)(c) of the Prevention of Corruption Act, 1988 and also under Ss. 409, 465, 471 and 477(A) of the Indian Penal Code. The petitioner attempted to interdict the prosecution .....

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..... s from Government, but upon an order by the Director. In such circumstances, merely because the Government is also having ultimate power to dismiss him being a superior authority, it could not be contended that sanction under S. 197 of Cr. P.C is required to prosecute him. If this contention is accepted, everyone employed in the Government Service can be prosecuted only with sanction from the Gove .....

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..... h situation they are not public servants not removable from service save by or with sanction of the State Government. The benefit of S. 197 of Cr. P.C as well as S. 19(1)(c) of the Prevention of Corruption Act also would not be therefore claimed Accordingly we are in full agreement with the view taken by the learned Single Judge. Appeal fails. 6. Dismissed.
Case laws, Decisions, Judgements, O .....

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