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Supreme Court of India 2019-12-06 allowed

State of Telangana vs Managipet @ Mangipet Sarveshwar Reddy

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The State of Telangana challenged a High Court order quashing criminal proceedings against a government officer under anti-corruption law. The officer had been re-employed for one year by the State, then applied for a regular appointment with age relaxation meant for serving government employees. The High Court had quashed the FIR, questioning the employment nature. The Supreme Court held that the High Court exceeded its jurisdiction by deciding employment matters in a quashing petition. It ruled that preliminary inquiry is not mandatory, sanction requirements apply only to post-amendment cases, and re-employment under Article 162 of the Constitution is permissible. The Court set aside the quashing order and allowed the appeal.

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Criminal Procedure Anti-Corruption Public Servants Disproportionate Assets Service Law

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