Whether Sanction for prosecution under Section 19 of Prevention of Corruption Act is mandatory at the time of taking the cognizance of an offence allegedly committed by a retired Government Servant?
Earlier, there was no requirement of prior sanction under Section 19 of the Prevention of Corruption Act 1988 for taking cognizance of offence allegedly committed by the Government Servant while in service but who retired subsequently.
But now, there is an amendment in Section 19 of the Prevention of Corruption Act 1988 which came into force on 26th July 2018, as per amended provision of Section 19, the previous sanction is necessary for the prosecution of a person who at the time of the commission of the alleged offence was in public service/ Government Service.
Whether Sanctioning Authority while exercising power under Section 19 of Prevention of Corruption Act 1988 can review its order?
There is no provision of review under the Prevention of Corruption Act 1988 and as such, it is not permissible for the sanctioning authority to review the order on the same material, however, in a case where fresh material has been collected by the investigating agency subsequent to earlier order and placed before the sanctioning authority, in that case, the sanctioning authority may reconsider the matter in light of the fresh material.