Public Servant Must be Heard Before Grant of Sanction under PC Act When Complaint isn’t by Police: Kerala HC

The Kerala High Court held that a sanction to prosecute a public servant under Section 19(1) of the Prevention of Corruption Act, 1988, as amended in 2018, cannot be granted without hearing the concerned public servant when the request for sanction is made by a private individual and not by the police or a law enforcement agency.

The Court observed that the statute ensures a right of hearing at the sanction stage and the sanctioning authority must provide such an opportunity before taking a decision.

It directed the competent authority to hear all concerned parties and decide the issue of sanction within three months.

[V.K. Chacko v. Vegetable & Fruit Promotion Council Keralam & Ors.]