2016 (4) TMI 1421 - SC - Indian Laws

Seeking discharge of appellant - allegation of omission in discharge of official duty in not providing Government vehicle for shifting the patient from Primary Health Centre to District Hospital, Raigad - requirement of sanction to prosecute Under Section 197(1) Code of Criminal Procedure - HELD THAT - It is clear that the omission complained of due to which offence is stated to have been committed, was intrinsically connected with discharge of official duty of the Appellant, as such the protection Under Section 197 Code of Criminal Procedure from prosecution without sanction of the competent authority, is available to the Appellant. Thus, he could not have been prosecuted without sanction. It would be for the competent authority to consider the question of grant of sanction in accordance with law. In case sanction is granted only then the Appellant can be prosecuted and not otherwise. Appeal allowed.

Summary

Issues Involved:
1. Requirement of sanction to prosecute under Section 197(1) Code of Criminal Procedure.
2. Alleged negligence in not providing an official vehicle for patient transport.
3. Interpretation and application of Section 197 of the Code of Criminal Procedure.

Detailed Analysis:

Requirement of Sanction to Prosecute under Section 197(1) Code of Criminal Procedure:
The primary issue in this case was whether the appellant, a public servant, required sanction under Section 197(1) of the Code of Criminal Procedure to be prosecuted for alleged negligence. The appellant argued that the act of not providing an official vehicle for patient transport was done in the discharge of his official duties, thus necessitating prior sanction for prosecution. The court agreed, stating, "In our considered opinion, it was an act or omission in discharge of the official duty. The sanction to prosecute was necessary."

Alleged Negligence in Not Providing an Official Vehicle for Patient Transport:
The appellant was accused of failing to provide a government vehicle to transport a patient, Mrs. Runiabai, to a district hospital, which allegedly led to her death. The trial court and the High Court had previously rejected the appellant's plea for discharge on the ground that the vehicle was used by the appellant for attending an official meeting. The Supreme Court, however, found that the omission to provide the vehicle was "directly and reasonably connected with his official duty," thus falling under the purview of Section 197(1) of the Code of Criminal Procedure.

Interpretation and Application of Section 197 of the Code of Criminal Procedure:
The court extensively discussed the interpretation of Section 197, citing several precedents. It emphasized that the section aims to protect public servants from vexatious litigation for acts done in the discharge of their official duties. The judgment referenced multiple cases, including *Shreekantiah Ramayya Munipalli v. The State of Bombay* and *Matajog Dobey v. H.C. Bhari*, to elucidate that an act done in the discharge of official duty, even if it involves an element of negligence, requires prior sanction for prosecution. The court stated, "The act must bear such relation to the duty that the accused could lay a reasonable claim that he did it in the course of the performance of his duty."

The court concluded that the appellant's actions were "intrinsically connected with discharge of official duty," and thus, prosecution without prior sanction was not permissible. The court set aside the impugned orders and allowed the appeal, emphasizing that "it would be for the competent authority to consider the question of grant of sanction in accordance with law."

Conclusion:
The Supreme Court held that the appellant's alleged negligence in not providing an official vehicle for patient transport was an act done in the discharge of his official duties. Therefore, prior sanction under Section 197(1) of the Code of Criminal Procedure was necessary for prosecution. The court set aside the previous orders and allowed the appeal, underscoring the protection afforded to public servants under the said provision.