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Supreme Court of India 2022-10-11 dismissed

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

Bench: 2 — B.R. Gavai, Pamidighantam Sri Narasimha

In Brief

A senior government official challenged his prosecution for acquiring disproportionate assets. He argued that the sanction granted after 22 months was invalid because the appointing authority merely followed the Central Vigilance Commission's advice without independent thought. The Supreme Court held that consulting the CVC does not amount to acting under dictation if the final decision is independent. While the three-month sanction period (plus one month for legal consultation) is mandatory, breach does not automatically quash proceedings. Instead, aggrieved parties may seek judicial remedies including accountability measures against the sanctioning authority. The Court dismissed the appeal.

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Administrative Law Anti-Corruption Criminal Procedure Constitutional Law Rule of Law Executive Power Judicial Review Public Service Prevention of Corruption Act

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