AIR 1990 SUPREME COURT 1976 ::AIR 1991 (NOC) 73 (AP) ::1990 CriAppR(SC) 332 ::1990 UP CriR 317 ::1990 ChandLR(Civ&Cri) 449 ::(1991) 1 CurLR 367 ::(1991) 62 FacLR 926 ::1991 FAJ 45 ::(1990) Mad LJ(Cri) 695 ::1990 (4) SCC 169 ::1990 SCC(Cri) 558 ::(1992) 1 LabLJ 445 ::1991 (1) Andh WR 1 ::(1990) 3 Andh LT 605 ::(1990) 1 BLJ 584 ::1990 BLJR 1 582 ::(1990) 2 ChandCriC 120 ::1990 (2) GujLR 1182 ::(1990) EastCriC 649 ::(1991) 2 Lab LN 86 ::1990 (2) Ker LJ 766 ::(1990) 2 FAC 128 ::1990 (2) PatLJR 79 ::(1991) 1 ServLR 490 ::(1991) 1 EFR 156 ::1990 (3) JT 241

Supreme Court Of India

(From : 1984 (2) Guj LR 850)

Hon'ble Judge(s): T. K. Thommen, Kuldip Singh, M. Fathima Beevi , JJJ

Criminal P.C. (2 of 1974) , S.197— Sanction to prosecute - Employee of Municipal Corporation - Entrusted with functions of Public Analyst under Food Adulteration Act - Does not become employee of State Government - Not a public servant removable only by State Government - Sanction for his prosecution not necessary. The appellant, a Laboratory Officer in the service and pay of a Municipal Corporation was appointed as a public analyst under S.8 of Prevention of Food Adulteration Act. Complaint was filed against the appellant for the offences alleged to have been committed by him while exercising the functions as Public Analyst. The appellant prayed for quashing of the criminal proceedings on the ground that, he being a public servant removable from office only by the State Government the Magistrate could not take cognizance without the requisite sanction under S.197, Cr.P.C. Held that the appellant was not a public servant removable from office only by State Government. Sanction under S.197 was not necessary for his prosecution. The words "removable from office" occurring in S.197 signify removal from the office he is holding. The authority mentioned in the section is the authority under which the officer is serving and competent to terminate his services. The appellant was admittedly the Laboratory Officer in the service and pay of the Municipa....