9911796707
TMI Blog2000 (4) TMI 848X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer at Naugachia on 12.8.1996. In pursuance of an order of the Patna High Court in a public interest litigation that encroachments from road and roadside lands and unauthorised structures should be removed, the national highway division of the Public Works Department under the supervision of the appellant carried out operations for removal of encroachments according to the programme decided in a meeting of the officers of the departments concerned. In course of the drive undertaken for removal of encroachments on roadside lands the respondent was asked to remove a portion of the boundary wall which according to the measurements made by the officials of the PWD had encroached upon roadside land. When the appellant and the other officials t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... injunction against the State of Bihar through collector and S.D.M. Naugachia and there is also petition for issue of ad-interim injunction which is to put up for hearing. That on the date and time of above mentioned occurrence and accused Gauri Shankar Prasad along with large number of labourers and constables came to the premises of the complainant and started the works of demolition whereupon the family members of the complain-ant requested the accused first to see the complainant who was at that time treating the patients in his clinic along with bis wife Dr. Bimla Roy. That thereupon the accused Sri Gauri Shankar Prasad along with 10-11 constables rushed into the clinic and started abusing the filthy language thereupon the compla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inter alia, that the allegations constituting the offence against the appellant are not directly or reasonably connected with his official duty. The High Court observed: Even assuming for the sake agreement that the petitioner had gone to discharge his official duty of removing encroachment but in performance of such duty he did not face any resistance from either of the family members of the complainant or the complainant himself. In these circumstances in my view, there was no reason for the petitioner to enter the chamber of the complainant and to use filthy languages and order for dragging out the complainant out of his chamber. Moreover, what led him to take the complainant and his wife to the police station and detain them the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a public servant two conditions must be satisfied i.e., (1) that the accused was a public servant who was removable from his office only with the sanction of the State Government or the Central Government; and (2) he must be accused of an offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty. What offences can be held to have been committed by a public servant while acting or purporting to act in the discharge of his official duties is a vexed question which has often troubled various courts including this Court. Broadly speaking, it has been indicated in various decisions of this Court that the alleged action constitution the offence said to have been committed by the pub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 197 debarring a court from taking cognizance of an offence except with a previous sanction of the Government concerned in a case where the acts complained of are alleged to have been committed by a public servant in discharge of his official duty or purporting to be in the discharge of his official duty and such public servant is not removable from his office save by or with the sanction of the government touches the jurisdiction of the court itself. It is a prohibition imposed by the statute from taking cognizance, the accused after appearing before the court on process being issued, by an application indicating that Section 197(1) is attracted merely assists the court to rectify its error where jurisdiction has been exercised which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or in the purported execution of his duties is essential to take cognizance. This Court confirmed the order of the High Court directing the dropping of proceedings against the public servant, in the absence of such a sanction. In the case of N.K. Ogle v. Sanwaldas Alias Sanwalmal Ahuja, [1999] 3 SCC 284, in which the appellant at the relevant time was the Tehsildar and the District Collector had passed an order for collecting the lease money of Rs. 4653 from the respondent and on the basis of such order of the District Collector, the appellant registered the matter in his Court and ordered for issuance of the demand letter and a demand letter had been served on the respondent and yet the respondent had not made the payment and, therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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