Supreme Court · 1979 INSC 94 · Decided 1 May 1979

K.S Dharmadatan v. Central Government and ORS.

Court
Supreme Court of India
Citation
1979 INSC 94 · [1979] 3 S.C.R. 832
Case number
CRIMINAL APPEAL No. 362/1975
Decided
1 May 1979
Bench
S. MURTAZA FAZAL ALI, P.S. KAILASAM (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 167(72); Prevention of Corruption Act Section 6, 6(1); Customs Act Section 5(2)

Headnote

Prevention of Corruption Act, 1947, Section 6 scope of-Whether sanction of competent authority is necessary for prosecution when in fact on the said date the employee was out of service, but on appeal in a departmental enquiry, he is ordered to be reinstated with retrospective efject--Construction under sections 120-B, 420, 471 and 468 read with section 34 I P.C., Section 167 (72) of the Sea Customs Act and Section 5(2) read with section 5(l)(d) of the Prevention of Corrup­ tion Act 1947. At the time when the charge sheet was filed and the special judge took cognizance agains.t

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