Public Servant Must Be Heard Before PC Act Sanction When Request Not Made By Police Or Law Enforcement Authority: Kerala High Court

The Kerala High Court recently ruled that the sanction to prosecute a public servant under the Prevention of Corruption (Amendment) Act, 2018 cannot be accorded without hearing the public servant concerned when the request is made by a person other than a police officer or other law enforcement authority.Justice A. Badharudeen was considering a plea preferred by a person who was directed by the Enquiry Commissioner and Special Judge to obtain sanction under Section 19(1) of the PC Act to proceed with his complaint against the officers of Vegetable and Fruit Promotion Counsel, Kerala (V.F.P.C.K), including the HR Manager-In-Charge. These persons were also arrayed in the plea as respondents.The petitioner had prayed for a direction to the CEO of the VFPCK to forward to the sanctioning authority, the Agricultural Production Commissioner and Principal Secretary, a report prepared by a committee of three directors of VFPCK regarding the appointment of the fore HR Manager-In-Charge (5th respondent).According to the petitioner, this report would aid the sanctioning authority in deciding the question of granting sanction to prosecute.He also prayed for a direction to the sanctioning authority to take immediate action for considering and granting sanction in accordance with the above report within a timeframe fixed by the Court.The 5th respondent objected to the petition and contended that his appointment was fully in accordance with law. He also informed the Court that another plea is moved by the petitioner and others challenging the appointment, and the same is under consideration.Considering the submissions, the Court opined that the question to be considered is who are the parties entitled to the right of hearing while considering the grant of sanction under Section 19(1) of the PC Act.Referring to the provision, the Court remarked:“Thus, at the time of considering sanction, right of hearing is ensured by this provision. Therefore, the sanctioning authority should not grant sanction without providing an opportunity to the aggrieved person…” Since an opportunity of hearing is ensured to the public servant, the Court felt that he can make submissions before the sanctioning authority prior to grant of sanction and therefore, there was no reason to disallow the plea.The Court thus allowed the plea and made it clear that the sanctioning authority must hear the petitioner and the 5th respondent before considering the question of grant of sanction, which it must decide within 3 months.Case No: WP(C) No. 39191 of 2025Case Title: V.K. Chacko v. Vegetable And Fruit Promotion Council Keralam and Ors.Citation: 2026 LiveLaw (Ker) 13Counsel for the petitioner: Shinto Thomas, Ram Vinayak, Mohamed Aslam V.P., Sona Vijayan K., Ayana L. BijuCounsel for the respondents: P.A. Aziz - Standing Counsel, Rekha S. - Sr. Government Pleader, Rajesh A. - Spl. Government Pleader, Elvin Peter P.J. (Sr.), K.R. Ganesh, Adarsh Babu C.S., Ahsana E., Ashik J. VargheseClick to Read/Download Judgment

Public Servant Must Be Heard Before PC Act Sanction When Request Not Made By Police Or Law Enforcement Authority: Kerala High Court

K. Salma Jennath

Tags