Hello,
The administrative authority can only adjudicate issues PCA and criminal charges are being adjudicated by the criminal courts.
Regards
Power of sanctioning authority who is competent to approve sanction
The aforesaid acts of shri madan kumar, Manager Rayatwari sub area of Chandrapur area of western coalfields limited, government company(central pse) constitute the commission of an offence which is punishable under section 120B read with 409 and 477 A of IPC and 13 (2) read with (1) (c) and (d) of the prevention of corruption act, 1988. Question: Can sanctioning authority charged his emplyee as "he has constituted the commission of an offence which is punishable under the section 120B r/w with 409 and 477 A of IPC". (pl. refer above) or his charge is limited to PC Act1988
Asked 4 years ago in Criminal Law
Religion: Hindu
10 Answers
Your question is not clear to me.If you wish to know who is competent authority to sanction the prosecution then the same must not be an officer below the rank of appointing officer or someone delegated by the appointing authority but he must be higher in rank to the person charged against.
i wan to know that can sanctioning authority, competent to approve sanction, have charges under IPC? pl. see above, statement of sanctioning authority who has approved sanction and mention above charges.
Asked 4 years ago
No.
Yes, sanctioning authority if otherwise competent can sanction for prosecution under the charges under IPC though it is not required since the allegations does not appear to eave committed in due discharge of official duties.
PC Act is a specific act whoch deals with corruption and aling with that relevant sections of the penal code can be applied upon an accused.
Yes a person can be convicted under pc act along with sections of the IPC.
The sanctioning authority can sanction the prosecution under IPC provisions as well if it comes to a conclusion that offences under IPC have been committed by the employee during the discharge of his official duties.
Sanctioned authority power is not limited to PC act and IPC and special acts which covers criminal liability too.
The departmental inquiry is to be constituted after issuing a memorandum to the concerned employee if it is found by the department concerned, or if it has been reported to the anti corruption and vigilance department, then on their investigation all such sections can be charged against the employee.
The sanctioning authority will sanction the charges to be framed against the employee by the concerned police department.
Following are
the special circumstances where the prescribed procedure for
inquiry need not be followed where penalty is due to
conviction on criminal charge, or where the Disciplinary
Authority is satisfied (reasons should be recorded in writing)
that it is not reasonably practicable to hold an enquiry in
the manner provided, or where the President is satisfied that
in the interest of security of the State, it is not expedient
to hold and enquiry in the manner provided