Legal Reference Library

In State through Lokayukta Police vs C. N. Manjunath, the Hon'ble Supreme Court has held that a Licensed Surveyor under Section 18A of the Karnataka Land Revenue Act would be treated as “public servant” for the purposes of Prevention of Corruption Act, 1988. The Bench comprising Justice AK Sikri and Justice AM Sapre quoted in approval a Karnataka Division Bench Judgment which had held that the licensed surveyors cannot be termed as mere contractors bound by their engagements, but they are the licencees who are bound by the terms of the office as a licensed surveyors.... Article referred: http://www.livelaw.in/licensed-surveyor-public-servant-purposes-prevention-corruption-act-sc-read-judgment/

Supreme Court:  Deciding the question as to whether an employee of a Public Sector Undertaking can be considered to be ‘Public servant’ under Section 197 CrPC, the bench of Dipak Misra and Shiva Kirti Singh, JJ held that the protection by way of sanction under Section 197 CrPC is not applicable to the officers of Government Companies or the public undertakings even when such public undertakings are ‘State’ within the meaning of Article 12 of the Constitution on account of deep and pervasive control of the government. In the present case, the respondent, who was convicted for offences punishable under Section 409/467/468/471 IPC, had contended that he being an employee of the appellant Corporation was a public servant and the trial had commenced without obtaining sanction under Section 197 CrPC and hence, the trial in entirety was invalid and as a result the conviction and sentence deserved to be set aside. The Court rejected the aforesaid contention and held that the responden...

No official can put forth a claim that breach of trust is connected with his official duty,the Apex court bench comprising of Justices Dipak Misra and Shiva Kirti Singh has observed in Punjab State Warehousing Corp. vs. Bhushan Chander while allowing an appeal by setting aside a judgment by the High Court wherein it had held that when other offences are interlinked with an offence under Section 409 IPC sanction under Section 197 IPC for launching the prosecution for the offence under Section 409 IPC is a condition precedent. The Apex Court said that such an approach is absolutely fallacious. The Court also referred to Apex Court decision in Md. Hadi Raja vs. State of Bihar wherein it was held that protection by way of sanction under Section 197 CrPC is not applicable to the officers of Government Companies or the public undertakings even when such public undertakings are ‘State’ within the meaning of Article 12 of the Constitution on account of deep and pervasive control of the governm...

In a significant judgment, the Supreme Court in Devinder Singh & Ors vs. State of Punjab through CBI, has summarized the principles governing requirement of sanction to prosecute Government servants and held that the offence committed by the Government servants must be directly and reasonably connected with official duty to require sanction. The Court also observed that Protection of sanction, which is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his ability to further public duty, cannot be camouflaged by them to commit crime. Justices V. Gopala Gowda and Arun Misra made the following observations in an appeal by some police officers accused of fake encounter in Punjab. The question before the Apex Court was whether in view of the provisions contained in section 6 of Punjab Disturbed Areas Act, 1983 the prosecution or other legal proceedings relating to Police officers can be instituted without prior sanction of the Central Govern...

Supreme Court Today delivered a landmark Judgment holding that Chairman, Directors and Officers of Global Trust Bank Ltd. (a private bank before its amalgamation with the Oriental Bank of Commerce), can be said to be public servants for the purposes of their prosecution in respect of offences punishable under Prevention of Corruption Act, 1988. The Two Judge Bench held that by virtue of the provisions of Section 46A of the Banking Regulation Act, 1949 prosecutions launched against the accused officials are maintainable in law. As per Clause (viii) contained in Section 2(c) of P.C. Act, 1988 a person who holds an office by virtue of which he is authorized or required to perform any public duty, is a public servant. In this Case the Court has examined as to whether the chairman/managing director or executive director of a private bank operating under licence issued by RBI under Banking Regulation Act, 1949, held/holds an office and performed /performs public duty so as to attract the def...