Trial of government officers can't be quashed for sanction error: SC

Supreme Court of India on 1 April 2014 ruled that any error or irregularity in granting sanction by the government to conduct trial against its officials in corruption cases cannot be a ground to quash the criminal proceedings.

Holding that requirement of sanction is designed just to check on frivolous and mischievous cases being filed against officials, a bench of Supreme Court headed by the Chief Justice of India, P Sathasivam said a government servant can't be allowed to take undue advantage of it.

The order was passed by the bench in reference to two petitions filed by Bihar government dated 3 March 2011 and 23 March 2012 that challenged the verdict of Patna High Court that quashed criminal proceedings against its officials on the ground that sanction against officers were granted by the Law Department of the state and not by their parent department.

Any error, omission or irregularity in the grant of sanction will not affect any finding, sentence or order passed by a competent court unless in the opinion of the court a failure of justice gas been occasioned. Specific provisions related to this are provided in Section 19(3) of the Prevention of Corruption Act as well as in Section 465 of the Criminal Procedure Code.