KRISHNA IYER Vs. STATE OF KERALA

JUDGEMENT

(1.) THE order of the Court was pronounced by Koshi, J. -- Whether Secretary of the Vigilance Department can grant sanction under S.6 of the Prevention of Corruption Act, 1947 for taking cognizance of offences against officers who are working under other departments is the question of law referred by the learned Single Judge in these appeals. In all these cases charge sheets were issued before the introduction of the Prevention of Corruption Act, 1988 and charges were framed under the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the Act').

(2.) S .6 of the Act reads as follows:

(3.) THE accused in C.C. No. 1 and 2 of 1993 (Crl. A. No. 243 and 244 of 1995) was employed by the Labour Department. Ext. P-1 sanction order is dated 16th July 1992. It starts with the heading "Government of Kerala". The sanction order Ext. P-12 reads as follows: