VidhiSangh

Supreme Court of India · 11/10/2022

VIJAY RAJMOHAN versus STATE REPRESENTED BY THE INSPECTOR OF POLICE, CBI, ACB, CHENNAI, TAMIL NADU

[2022] 19 S.C.R. 563 · 2022 INSC 1066

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Summary

In a CBI disproportionate-assets case against a central government official, the DoPT consulted the Central Vigilance Commission. It granted sanction under Section 19 of the Prevention of Corruption Act about one year and ten months after the request. The trial court discharged the accused, holding that the DoPT had acted under the CVC's dictation, and the High Court restored the case. The Supreme Court held that the Cr.P.C., the DSPE Act, the PC Act, the CVC Act and the Lokpal Act form one integrated scheme. Seeking and weighing the CVC's advice is neither dictation nor an irrelevant consideration, provided the authority decides independently, as it did here. The three-month period (plus one month for legal consultation) in the 2018 provisos to Section 19 is mandatory. Breach does not quash the prosecution but makes the authority accountable through writ remedies and CVC review.

Issues

  1. Whether a sanction under Section 19 of the Prevention of Corruption Act is vitiated as given under dictation because the appointing authority consulted and considered the advice of the Central Vigilance Commission.
  2. Whether the period of three months, extendable by one month for legal consultation, in the provisos to Section 19(1) inserted in 2018 is mandatory or directory.
  3. What follows when sanction is not decided within that period, and whether criminal proceedings may be quashed for the delay.

Provisions considered

Held

Result

Appeal dismissed. The High Court's order restoring the prosecution was upheld, and the appellant was left free to seek remedies on the delay in sanction in line with the principles laid down. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 19 S.C.R. 563.