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TMI Blog2003 (12) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government and (b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government. The protection afforded by the section would be rendered illusory if it were open to a private person harbouring a grievance to wait until the public servant ceased to hold his official position, and then to lodge a complaint. The ultimate justification for the protection conferred by Section 197 is the public interest in seeing that official acts do not lead to needless or vexatious prosecution. It should be left to the Government to determine from that point of view the question of the expediency of prosecuting any public servant . It was in pursuance of this observation that, the expression was come to be employed after the expression is to make the sanction applicable even in cases where a retired, public servant is sought to be prosecuted. Both Amrik Singh [ 1955 (2) TMI 29 - SUPREME COURT] and Shreekantiah [ 1954 (12) TMI 34 - SUPREME COURT] were noted in that ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹ 8400/- per M.T. This rate contract was valid up to the period ending 30.9.1985. No rate contract was approved in respect of this item for the period beginning 1.10.1985. On 20.10.1985, the Chief Sales Officer and the Executive Officer of H.P. Agro Industries Corporation wrote two identical letters to the Chief Conservator of Forests (T), Himachal Pradesh offering to supply barbed wire/GI wire and U staples to the forest department. The rates quoted were ₹ 10,500/- per M.T. for barbed wire (Hot dip) and ₹ 10,000/- per M.T. for electroplated barbed wire. A request was made to the Chief Conservator of Forests to direct all the field officers working under his control to buy their requirements of the above-mentioned items by placing their supply orders with the H.P. Agro. Industries Corporation. The petitioner, who was then the Chief Conservator of Forests, on 30.10.1985 issued a circular letter to all the Conservator of Forests working under him advising them to work out their requirements of GI and barbed wires and in the absence of a rate contract to place orders for the supply thereof with the H.P. Agro Industries Corporation, who had offered to make the nec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supply orders in respect of barbed wire/GI wire placed with the H.P. Agro Industries Corporation. Consequently, against the supply order of 1.200 M.T. placed with H.P. Agro Industries Corporation, supply of only 17.64 M.T. was actually effected through the Corporation before the cancellation could be intimated to the suppliers. 4. An enquiry committee was appointed by the State Government. The then Divisional Commissioner who conducted the enquiry reported that apparent irregularities were committed with the apparent intention to help M/s. Gupta Pipes. Acting on the recommendations of the Divisional Commissioner cases for alleged commission of offences, as rioted supra were registered with the Enforcement Branch, South Lane, Simla. One of the cases was instituted on the basis of informations which surfaced during investigation. At the time of framing, charge, legality of the proceedings was questioned by the accused. It is to be noted that sanction was accorded on 13.6.1990 which though was stated to be unnecessary and inconsequential by the State, in view of its specific stand that Section 197 of the Code has no application. 5. Accused took the stand that the absence of sanctions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trials should not be stayed in all cases at the preliminary stage because that will cause great damage to the evidence. 8. The protection given under Section 197 is to protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them while they are acting or purporting to act as public servants. The policy of the legislature is to afford adequate protection to public servants to ensure that they are not prosecuted for anything done by them in the discharge of their official duties without reasonable cause, and if sanction is granted, to confer on the Government, if they choose to exercise it, complete control of the prosecution. This protection has certain limits and is available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty and is not merely a cloak for doing the objectionable act. If in doing his official duty, he acted, in excess of his duty, but there is a reasonable connection between the act and the performance of the official duty, the excess will not be a sufficient, ground to deprive the public servant from the prot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that is important and if it falls within the scope and range of his official duties the protection contemplated by Section 197 of the Criminal Procedure Code will be attracted. An offence may be entirely unconnected with the official duty as such or it may be committed within the scope of the official duty. Where it is unconnected with the official duty there can be no protection. It is only when it is either within the scope of the official duty or in excess of it that the protection is claimable. 10. Prior to examining if the Courts below committed any error of law in discharging the accused it may not be out of place to examine the nature of power exercised by the Court under Section 197 of the Code and the extent of protection it affords to public servant, who apart, from various hazards in discharge of their duties, in absence of a provision like the one may be exposed to vexatious prosecutions. Section 197(1) and (2) of the Code reads as under : 197. (1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... offence is absolute and complete. Very cognizance is barred. That is the complaint cannot be taken notice of. According to Black's Law Dictionary the word 'cognizance' means 'jurisdiction' or 'the exercise of jurisdiction' or 'power to try and determine causey'. In common parlance it means taking notice of. A court, therefore, is precluded from entertaining a complaint or taking notice of it or exercising jurisdiction if it is in respect of a public servant who is accused of an offence alleged to have committed during discharge of his official duty. 11. Such being the nature of the provision the question is how should the expression, any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty', be understood? What doe's it mean? 'Official' according to dictionary, means pertaining to an office, and official act or official duty means an act or duty done by an officer in his official capacity, in B. Saha and Ors. v. H.S. Kochar 1979CriLJ1367 it was held : The words, any offence alleged to have been committed by him while acting or purporting to act in the discharge of h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blished that act or omission was done by the public servant while discharging his duty then the scope of its being official should be construed so as to advance the objective of the Section in favour of the public servant. Otherwise the entire purpose of affording protection to a public servant without sanction shall stand frustrated. For instance a police officer in discharge of duty may have to use force which may be an offence for the prosecution of which the sanction may be necessary. But if the same officer commits an act in course of service but not in discharge of his duty then the bar under Section 197 of the Code is not attracted. To what extent an act or omission performed by a public servant in discharge of his duty can be deemed to be official was explained by this Court in Matajog Dobey v. H.C. Bhari [1955]28ITR941(SC) thus : The offence alleged to have been committed (by the accused) must have something to do, or must be related in some manner with the discharge of official duty there must be a reasonable connection between the act and the discharge of official duty; the act must bear such relation to the duty that the accused could lay a reasonable (claim) but not a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffice save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting on purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction (a) In the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government and (b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government. 19. We may mention that the Law Commission in its 41st Report in paragraph 15.123 while dealing with Section 197, as it then stood, observed it appears to us that protection under the section is needed as much after retirement of the public servant as before retirement. The protection afforded by the section would be rendered illusory if it were open to a private person harbouring a grievance to wait until the public servant ceased to hold his official position, and then to lodge a complaint. The ultimate justification ..... X X X X Extracts X X X X X X X X Extracts X X X X
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