1981 CRI. L. J. 1771 ::1981 KashLJ 132 ::1980 SriLJ 8 ::1981 ChandLR(Civ&Cri) 238

Jammu And Kashmir High Court

Hon'ble Judge(s): Mufti Baha-ud-din Farooqi , J

Criminal P.C. (2 of 1974) , S.197— Prosecution of public servant - Public servant travelling by air with tickets obtained in lieu of exchange orders Value of tickets required to be excluded from T. A. boll - Public servant including it in T. A. bill and getting payment thereby - No sanction of Govt. needed for prosecution - Public servant cannot get protection of S.197. 1960 Cri LJ 1375 (2) (Pt. A) (Raj), Dissented from.@page-CriLJ1772 Where the accused a public servant travelled by air on the foot of air tickets obtained by him in lieu of exchange orders, the value of the tickets was debitable to the accused and the accused was required under rules to exclude is from T. A. Bills. But he submitted T. A. Bill including therein the claim for air fare and received payment accordingly. In such a case the accused could not claim protection of S.197 as the act of overcharging the T. A. Bill by submitting air fare could not be said in be directly and reasonably relatable to the official duty of the accused. Therefore, no sanction of Government was needed for his prosecution. The protection contemplated under S.197 will be attracted only if the act constitution the offence is directly and reasonably connected with the official duties of the public servant. His duty may be to charge T. A. but it cannot be reasonable contended that the du....