Sanction for Prosecution: Supreme Court Deprecates Political Interference and Coerced Reconsideration

Case Snapshot

Case Name: State of Rajasthan & Ors. v. Dev Kant Meena

Citation: 2026 INSC 752

Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran

Date of Judgment: July 29, 2026

Area of Law: Prevention of Corruption Law, Constitutional Law, Administrative Law, Criminal Law

Judgment in Brief

The Supreme Court dismissed the Special Leave Petition filed by the State of Rajasthan challenging the High Court's order quashing the sanction for prosecution granted against a doctor accused of demanding and accepting a bribe. The Court deprecated the manner in which the sanction was initially declined after due application of mind, but later granted on reconsideration prompted by the Chief Minister's office without any fresh material.

The Court held that the decision-making process under Section 19 of the Prevention of Corruption Act, 1988, cannot be reduced to a dilemma. Where the administrative authority itself expresses doubt regarding the demand of bribe, the trap laid, and the recovery of money, there is no question of a sanction being granted. The Court emphasized that the object of Section 19 is to protect public servants from harassment on false, frivolous, and unsubstantiated allegations.

The Court further held that reconsideration of a decision to decline sanction is not permissible on the same material, unless fresh material is available. A mere change of opinion on the same material cannot be a ground for review or reconsideration. The Court dismissed the petition with costs of Rs. 1,00,000, observing that the State had dragged the respondent unnecessarily to the High Court and the Supreme Court.

Relevant Facts

The Allegation: The respondent, a doctor, was accused of demanding and accepting a bribe of Rs. 5,000 to Rs. 6,000 for the knee surgery of a complainant's relative. The complainant alleged that payments were made on March 24, 25, 27, and 29, 2017. A trap was laid, and Rs. 2,000 was allegedly recovered from the drawer of the table at the respondent's official residence.

First Decision - Sanction Declined: The Joint Secretary, Department of Personnel, Government of Rajasthan, examined the case file and made a recommendation on March 14, 2018, to decline sanction. Key observations included:

• The transcript of the telephone conversation did not unequivocally establish the demand for a bribe.

• The conversation dated March 27, 2017, was not a demand for bribe but a response to a query about the cost of steel plates.

• The payments made earlier were mere assertions without substantiation.

• The recovery of money from the locked drawer was "highly suspicious."

• A news report indicated that members of a political party had congratulated themselves for trapping the doctor.

• The surgery was completed on March 28, 2017, making the receipt of a bribe on March 29 "highly suspicious."

The Principal Secretary approved the proposal, and the Chief Secretary declined the sanction.

Reconsideration - Sanction Granted: On May 24, 2018, the Joint Secretary to the Chief Minister referred back the matter for reconsideration, asserting that the money recovered from the drawer proved the acceptance of bribe. The Department of Personnel reconsidered the issue and again recommended declining sanction, finding no explicit demand and raising suspicion regarding the recovery. The Secretary opined that there was no ground to grant sanction.

However, the Chief Secretary, after discussion, opined that approval of sanction may be considered. Sanction was grant

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