Criminal Procedure Code, 1973 – s.197, 2(y) – Penal Code, 1860 – s.21 – Prosecution of Judges and public servants – Sanction for prosecution – Respondent initially appointed by Government of Punjab, was sent on deputation in the Municipal Corporation, Chandigarh – Deputation period was extended by Governor of Punjab from time to time – FIR registered against the respondent for allegedly committing offences under IPC and PC Act – High Court discharged him for offences punishable under IPC on the ground that no sanction was obtained u/s.197, CrPC – Sustainability: Held: Impugned order is correct – Respondent while rendering service for the State of Punjab as well as the administration of the Union Territory was a public servant covered by s.21, IPC 12th description clause (a) – Protection of s.197(1), CrPC is available only to such public servants whose appointing authority is the Central Government or the State Government and not to every public servant – Despite his assignment on deputation to the Municipal Corporation, Chandigarh, the respondent continued to remain a public servant for the purposes of s.197(1), CrPC, being removable from office only by an appropriate authority in the Government of Punjab – Nothing on record to show that upon assignment of the respondent on deputation with the Municipal Corporation, Chandigarh, he was either absorbed in its services resulting in severance of relationship with the Government of Punjab or that, by any order validly made, the respondent ceased to remain a Government servant once he left the post under the Government he was serving prior to his deputation – Article
311 of the Constitution ordains that no authority subordinate to the appointing authority can dismiss or remove a member of the civil service of the State or a civil post holder – Neither the Board of the Municipal Corporation, Chandigarh nor its Municipal Commissioner would have the authority or jurisdiction to take disciplinary action against the respondent had he misconducted himself while discharging his duty under such corporation – Plea that the respondent ceased to be a public servant upon being sent on deputation first to the Union Territory, Chandigarh or when he was relieved by the Administrator for joining a new assignment in the Municipal Corporation, Chandigarh rejected – Prevention of Corruption Act, 1988 – s.13(2), 13(1)(d) – Constitution of India – Article 311. [Paras 24-28]
Public Service Law – Deputation – Concept – Disciplinary control over a deputationist – Discussed. [Paras 18-21]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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