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State of Rajasthan v. Dev Kant Meena

Special Leave Petition (Criminal) · 2026 INSC 752Decided 23 Jul 2026
SLP (Crl.) No.-002951 - 2026
Justice J.B. Pardiwala · Justice K. Vinod Chandran

Background

A government doctor (the respondent) was accused of demanding a bribe of Rs.5,000-6,000 for a patient's knee surgery, with small amounts allegedly paid in installments and a final Rs.2,000 recovered from a locked table drawer in a trap. Sanction to prosecute him was initially declined by the State's own review process because the evidence (call transcripts, the handwash test, and the timing of the "trap") was found doubtful and suspicious. However, after the Chief Minister's office referred the file back for reconsideration without any new material, the Chief Secretary ultimately favoured granting sanction, prompting a High Court challenge by the doctor.

Decision Breakdown

The Supreme Court upheld the High Court's quashing of the sanction, holding that reviewing a sanction decision on the very same material, without any fresh evidence, is impermissible, relying on precedents including Nishant Sareen and Mohd. Iqbal Bhatti. The Court found the reconsideration process was driven by political pressure from the Chief Minister's office rather than a genuine, independent application of mind, and that when the administrative authorities themselves doubted the evidence, that doubt should favour the public servant rather than expose him to prosecution. It dismissed the State's Special Leave Petition and imposed costs of Rs.50,000 each (before the High Court and the Supreme Court) on the State for what it called unnecessary harassment of the officer.

Lesson Learnt

A sanction for prosecuting a public servant, once properly refused after genuine application of mind, cannot be reversed on the same facts just because political authorities want a different outcome: fresh evidence is required, and courts will penalize the state for using the sanction process to harass officials under political pressure.

Official source (sci.gov.in)View Judgment (PDF)

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