There is no need to seek a penalty to prove retired babus: SC

NEW DELHI: The Supreme Court said Thursday that there is no need to seek sanctions before prosecuting a retired government employee in a corruption case, and said that such protection is available to a public servant only during his service.

A bank of judges U U Lalit, Indu Malhotra and Krishna Murari said the sanction requirement under Section 19 of the Corruption Prevention Act is only to serve government employees and that there is no impediment to prosecution after retirement for the offense committed during the period of service. The bank annulled the verdict that ruled that protection should continue even after retirement.

While discharging a deputy manager in a corruption case for lack of sanction, the HC had said: “A protection available to a public servant while on duty must also be available after his retirement. It cannot be forgotten that even after retirement, he is prosecuted for crimes under the Corruption Prevention Law. ” Section 19 (1) of the Law says that no court will be aware of a crime allegedly committed by a public servant, except with prior sanction.

Referring to several judgments of the apex court, the bank said the HC erred in its decision. There was no occasion to consider any request seeking the approval of the management with respect to crimes punishable under the Law, due to the absence of any sanction under Section 19 of the Law. An FIR was filed against the manager for misuse of his position by granting a loan of Rs 3 crore to a company in 2010. The case was filed in 2012 after his retirement.

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