1987 (2) TMI 532 - SC - Indian Laws

Summary

Issues:
1. Interpretation of Section 197 of the Criminal Procedure Code regarding the requirement of sanction for prosecution of a public servant.
2. Determining the applicability of Section 197 to a public servant removable by an authority other than the Government.

Analysis:
The judgment pertains to an appeal filed against the rejection of a Revision Petition by the High Court of Andhra Pradesh. The appellant faced a complaint under Sections 120(b), 467, and 471 of the Indian Penal Code, challenging the maintainability of the prosecution due to the absence of sanction under Section 197 of the CrPC. The Metropolitan Magistrate and the High Court held that Section 197 applies only when a public servant is not removable from office except by or with the sanction of the Government. Since the appellant could be removed by a competent authority without government sanction, Section 197 was deemed inapplicable.

The appellant argued that post-nationalization, being in a bank, he qualifies as a public servant under Section 197. Additionally, it was contended that the authority empowered to remove the appellant operates under regulations approved by the Government, suggesting the need for government sanction. However, the Courts maintained that the appellant's removable status by a non-government authority does not trigger the requirement for government sanction under Section 197.

Section 197 of the CrPC was examined to determine its applicability, emphasizing that it applies only when a public servant is irremovable from office without government sanction. The judgment clarified that even if the appellant is considered a public servant, Section 197 does not apply due to his removable status by an authority other than the Government. The argument that regulations empowering the removal authority are government-approved was dismissed, affirming that the appellant's removal did not necessitate government sanction.

In conclusion, the Courts upheld that the appellant's status as a removable public servant by a non-government authority precludes the need for government sanction under Section 197. The judgment emphasized the specific criteria outlined in the provision and dismissed the appeal, affirming the lower courts' decision.