Amit shrivastava (student) 24 April 2014

Protection under section 197 cr pc

A Government Officer has been charge sheet due to a criminal offence under section 120B,419,420,384,170 and court took cognigence. At the time of act commence he was on leave or we can say not on duty but department has also issued a charge sheet for the same offence on account of mis conduct .

please inform me that in this case sanction under section 197 Cr PC is required or not.

if no then departmental charge sheet was justified

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8 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 24 April 2014

The Supreme Court has ruled that a public servant cannot be given the protection of sanction under Section 197 CrPC if he is facing allegations of indulging in criminal offences.

Mahesh R. Sonawane (Lawyer/Fight for justice) 24 April 2014

No.

Sanction is not necessary, if offence is not related to his official duty.

adv.raghavan (Advocate,9444674980) 24 April 2014

I endorse the above.

Sudhir Kumar, Advocate (Advocate) 24 April 2014

department can issue chargesheet regardless the criminal trial.

A govt servant is expected to maintain absolute integrity even in private life and charges you stated pertain to lack of integrity.

For any more advise give facts of the case.