Sunday, 26 August 2018

Whether public authority is required to hear accused prior to grant of sanction for prosecution?

 We may also observe that grant or refusal of sanction is not a quasi judicial function and the person for whose prosecution the sanction is sought is not required to be heard by the Competent Authority before it takes a decision in the matter. What is required to be seen by the Competent Authority is whether the facts placed before it which, in a given case, may include the material collected by the complainant or the investigating agency prima facie disclose commission of an offence by a public servant. If the Competent Authority is satisfied that the material placed before it is sufficient for prosecution of the public servant, then it is required to grant sanction. If the satisfaction of the Competent Authority is otherwise, then it can refuse sanction. In either case, the decision taken on the complaint made by a citizen is required to be communicated to him and if he feels aggrieved by such decision, then he can avail appropriate legal remedy.


Civil Appeal No. 1193 of 2012 (Arising out of SLP (C) No. 27535 of 2010)

Decided On: 31.01.2012

 Subramanian Swamy  Vs.  Manmohan Singh and Ors.

Hon'ble Judges/Coram:
A.K. Ganguly and G.S. Singhvi, JJ.
Citation:  (2012) 3 SCC 64
Read full judgment: Click here

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