If there is Typographical error in showing designation of the petitioner, it cannot be said that the sanction issued is bad, says Justice Kauser Edappagath

If there is Typographical error in showing designation of the petitioner, it cannot be said that the sanction issued is bad, says Justice Kauser Edappagath

In the matter of K.Sasi v. State of Kerala rep. by Chief Secretary to the Govt & Ors, the bench of Kerala High Court held by Justice Kauser Edappagath passed an order and observed that if there is a typographical error in showing designation of the accused in the sanction order to prosecute such person under Section 19(1)(b) of the Prevention of Corruption Act, cannot be said that the sanction order is bad.

Advocate M.R. Sarin appeared on behalf of the petitioner and Special Public Prosecutor for VACB A. Rajesh appeared on behalf of the respondents.

Case Brief - 

The petitioner was working as an inspector of Factories and Boilers at Thrissur from  January 1, 2004, to February 28, 2015, allegedly collecting the money. He was accordingly charged with offences punishable under Sections 13 (2) r/w 13(1) of the Prevention of Corruption Act. The Additional Secretary to the Government, Labour and Skills Department (4th respondent), had issued a sanction order to prosecute the petitioner invoking Section 19(1)(b) of the P.C Act.

The sanction order had wrongly stated the designation of the petitioner as 'Additional Director' in Factories and Boilers.  After that, the Petitioner filed a petition through Advocate M.R. Sarin challenging the sanction order on the grounds of this error. 

The Court held that for the simple reason of a typographical error in the designation of the petitioner, the sanction order could not be held to be bad and thus the Court Dismissed the Writ Petition

 

 

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