Tag Archives: servant

Legislators not barred from practicing as advocates: SC

The Supreme Court of India held that the legislators are not debarred from practicing as advocates during the period when they continue to be the Members of Parliament or the State Assembly/Council. “The provisions of the Act of 1961 and … Continue reading

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No sanction required to prosecute public servants: SC

The Supreme Court of India clarified that no sanction is required to initiate criminal proceedings against public servants for offences allegedly committed under Indian Penal Code if they are not acting or purporting to act in discharge of their official … Continue reading

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Revised rules for Declaration of Assets by Public Servants under Lokpal Act: Govt

Indian Government has notified fresh rules for the public servants to furnish information and annual return containing declaration of assets and liabilities. Under the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for … Continue reading

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Sanction not required for prosecuting senior public officers: SC

A Constitution Bench of the Supreme Court of India ruled that the legal provision which mandates sanction of competent authority for CBI to probe corruption cases against senior public officers is invalid and unconstitutional. The five-judge Bench delivered the ruling … Continue reading

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Judge has jurisdiction to try PC/non-PC offences even if public servant dies: SC

The Supreme Court of India clarified that a Special Judge (under Prevention of Corruption Act “PC Act”) has jurisdiction to proceed against non-Prevention of Corruption offences along with Prevention of Corruption offences irrespective of the fact that the sole public … Continue reading

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Courts can’t order investigation against public servant without valid sanction order: SC

The Supreme Court of India clarified that the courts cannot order investigation against a public servant on a private complaint without a valid sanction order from the competent authority. The Court said “Once it is noticed that there was no … Continue reading

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Reservation in promotion for SCs & STs with consequential seniority can be provided but with rider: SC

The Supreme Court of India clarified that the reservation in promotion for the Scheduled Castes and Scheduled Tribes with consequential seniority as engrafted under Articles 16(4A) and 16(4B) of the Constitution can be allowed provided the concepts of ‘efficiency’, ‘backwardness’ … Continue reading

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