L. Narayana Swamy vs State of Karnataka - Supreme Court
L. Narayana Swamy vs State of Karnataka - Supreme Court Important Judgment 2016 -
20. On 6th September, 2016, in the case of L. Narayana Swamy vs State of Karnataka & Ors. [Criminal Appeal No.721 of 2016] while adverting to the issue of obtaining sanction at the time of taking cognizance in relation to a public servant, it was held that “an order directing further investigation under Section 156(3) of the Cr.P.C. cannot be passed in the absence of valid sanction” as required under Section 19(1) of the Prevention of Corruption Act, 1947.
Examining the further question as to whether a public servant who is not on the same post and is transferred (whether by way of promotion or otherwise to another post) loses the protection under Section 19(1) of the P.C. Act, though he continues to be a public servant, albeit on a different post, the Court held that “where the public servant had abused the office which he held in the check period but had ceased to hold “that office” or was holding a different office, then a sanction would not be necessary.”
In the fact-situation of the instant case, it was held that sanction under Section 19 of the P.C. Act was not needed as the appellants-Government officials, “at the time of taking cognizance, were not holding the post which is alleged to have been misused.” It was held that the appellants “had abused entirely different office or offices than the one which they were holding on the date on which cognizance was taken and, therefore, there was no necessity of sanction under Section 19, P.C. Act.”