Article 197 Cr PC
Vivek Raju
(Querist) 29 March 2011
This query is : Resolved
I am working with Hindustan Petroleum Corp Limited (a central government undertaking under MOP&NG) .The company was formed by acqusition of erstwhile multinational Esso Inc India Limited through an act (called Esso Acqusition act 1974) passed by the indian parliament.
I have been charged with IPC section 120B r/w 420,467,468,471 based on some actions taken by me during official course of duty.The FIRs for above (although the FIR did not mention my name) were registered under section 13 of PC Act along with above sections of IPC.The sanction to prosecute was refused by the employer and chargesheets filed only under sections of above sections of IPC.
The Addl Chief Judicial Magistrate has now framed the charges in above sections of IPC.My specific querries with ref to above are as follows:
1.Whether prtection under section 197 under IPC is available to me.As per my general understanding,it is available to government servants only and not to Public sector employees.The power to remove me from the service rests with my employer only.However,there is one school of thought that the public sector undertakings formed by specific acts of Parliament will be treated differently and section 197 will also be applicable to it's employees.
2.If not,whether it is lawful on part of prosecution to carry out investigation under PCACT/IPC,seek sanction from employer and in case of no sanction,file chargesheet under sections of IPC only-as denies the very purpose of providing protection in PC Act of stipulation of prior sanction
R.Ramachandran
(Expert) 29 March 2011
Please tell us as to what is your designation in HPCL.
Vivek Raju
(Querist) 29 March 2011
Manager-Technical Services
N.K.Assumi
(Expert) 29 March 2011
I am of the view that HPCL is a State within the meaning of the constitution but Sanction is not attracted as per CrPc.
R.Ramachandran
(Expert) 29 March 2011
The sanction of the Government / competent authority is required for prosecution of only those who are in the rank of Joint Secretary and above and not for others.
Arvind Singh Chauhan
(Expert) 30 March 2011
According to Sec 21 (12) e of IPC you are a public servant. Sanction under 197 Cr.P.C. is required only when the offence was done in your official duty or capacity.
As example, to accept bribe can not be said to be work done in official capacity or duty.
Advocate. Arunagiri
(Expert) 30 March 2011
I differ, for bribing also the sanction is required as per the PC Act.
