Prosecution of a public servant needs prior approval: the sanction rule behind the Kerala PSC examination case

Background

The Kerala Public Service Commission is before the High Court seeking to quash the prosecution sanction given against its employees in the Planning Board examination case, which turns on the law of sanction.
Under the Prevention of Corruption Act, 1988, a court cannot take cognizance of an offence by a public servant without the previous sanction of the competent authority.
Section 17A of that Act also requires prior approval of the competent authority before a police officer may conduct an inquiry or investigation into an offence relating to a public servant's official recommendation or decision.
The sanctioning authority is the government or authority competent to remove the public servant from office.
The requirement is intended to protect honest decisions taken in the discharge of official duty from vexatious prosecution.