Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Can Magistrate direct PC Act probe against public servant without sanction? Kerala High Court larger bench to decide
Update / Judgement Date
21 Jul 2024
Source
Author
Team — WCP Legal Desk
Reading Time
1 min read
A larger Bench of the Kerala High Court will decide if a Magistrate can order an investigation against a public servant under the Prevention of Corruption Act without prior sanction. Justice K Babu referred this issue to the Chief Justice, noting conflicting Supreme Court judgments on the matter. Section 17A of the PC Act prohibits investigations without official approval, while Section 19 requires sanction for cognizance. The decision will clarify whether these sanctions are necessary at the investigation stage or only for cognizance.