Section 19 - PCA

Prevention of Corruption Act, 1988 Section 19

Review of Order refusing to sanction - Can be reviewed where fresh material is placed

Prevention of Corruption Act, 1988 (49 of 1988) Section 19 - Order passed refusing to sanction to prosecute - Can be reviewed where fresh material is placed before the sanctioning authority - It can also be reviewed if the sanctioning authority had failed to take into account a relevant fact or had taken into consideration an irrelevant fact. (2010)157 PLR 473

Writ does not lie - issue regarding failure of justice can be determined only when the trial commences and the evidence is led

Prevention of Corruption Act, 1988 (49 of 1988) Section 19(3) - Indian Administrative Service (Recruitment) Rules, 1954 - All India Services (Discipline and Appeal) Rules, 1969 - Once there is an order sanctioning prosecution of the petitioner, the issue can only be raised during the course of trial - Section 19(3) of the Act clearly provides that no finding, sentence or order passed by a Special Judge shall be reversed or altered by a court of Appeal on the ground of absence of, or any error, omission or irregularity in the sanction required, unless in the opinion of the court, a failure of justice has occasioned - The issue regarding failure of justice can be determined only when the trial commences and the evidence is led - There are enough provisions in the criminal law to take care of the grievance of the petitioner - A civil writ petition otherwise also would not be an appropriate remedy - Constitution of India, Article 226. (2014)174 PLR 271

Grant of sanction is purely an administrative act and affording of opportunity of hearing to the accused is not contemplated at this stage

S. 19 - Sanction to prosecute - Authority giving sanction is required to, prima facie, consider the evidence and all attending circumstances before he comes to the conclusion that the prosecution, in the circumstances, be sanctioned or forbidden - He is required to hold an inquiry to satisfy himself as to the truth of facts alleged - An order of sanction, by itself, does not have the effect of a conviction or imposing a penalty causing any injury of any kind on the accused - The accused will get full opportunity to defend himself in the trial court - The trial itself takes place in accordance with the procedure established by law - Grant of sanction is purely an administrative act and affording of opportunity of hearing to the accused is not contemplated at this stage. (2014)174 PLR 271

Procedure cannot be allowed to be abused to give benefit to a person

S. 19 - Sanction to prosecute - Procedure cannot be allowed to be abused to give benefit to a person who is suspected of committing offences - Administration of criminal justice requires that offenders face trial before a court of law - Benefit of protection cannot be allowed to an offender by way of following an illegal procedure.(2014)174 PLR 271