Supreme Court of India
Chitiaranjan Das v. State of Orissa
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What the Court ordered
We are of the opinion that the prosecution of the appellant shall be an abuse of the process of the Court.
Judgment, page 9
From the headnote
Prevention of Corruption Act, 1947 - s. 19 - Previous sanction necessary for prosecution - FIR lodged against a public servant for possessing assets disproportionate to known sources of income - Vigilance Department seeking sanction for prosecution of the public servant - Refusal by State Government to grant sanction for prosecution - Superannuation of the public servant - Thereafter, despite request by Vigilance Department the State Government declined to reconsider the decision - Subsequently, charge sheet filed uls. 5(2) rw s. 5(1)(e) of the Act against the public servant - Special Judge
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