PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 04 November 2010
The main contention of the appellant was that the
legislature did not include a retired public servant within
the purview of the Act and that there is no mention in the
Act about a person who ceased to be a public servant. He
invited our attention to Section 197 of the Code which
envisages sanction for prosecution of public servants and
pointed out that the section is now applicable to former
public servants also by virtue of the specific words
K.C.Suresh (Advocate) 04 November 2010
Hai,
Section 19 of Prevention of Corruption Act, 1988 and S.197 of Cr.P.C are for two distinct and seperate purposes.
Section 19 is applicable to only Public servants who are in service at the time of taking cognizance of the offence by the concered Court.
Section 197 it self contains "is" and "was" which attracts the expublic servants also. So if the act or omission which amounts to an offence is in nexus to the official duty of the public servant the prosecution sanction to prosecute is necessary for a public servant or retired public servant. The main point is the act must be in discharge of his officieal duty and to be in nexus wih his official duty.
I hope you follow the gist.
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