K. N. SHUKLA versus NAVNIT LAL MANILAL BHAT AND ANR.

K. N. SHUKLA versus NAVNIT LAL MANILAL BHAT AND ANR.

An officiating Class I officer of the Railways, holding a substantive Class II post, is removable by the Railway Board (which is a separate authority by statutory delegation), not exclusively by the Central Government. Therefore, sanction of the Central Government under s. 197, Cr.P.C. is not required for prosecution for acts done in official capacity.

Parties
Appellant: K. N. Shukla; Respondent No. 1: Navnit Lal Manilal Bhat; Respondent No. 2: A.N.R.
Jurisdiction
India
Judgment Date
15 December 1966
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated July 29, 1964 of the Gujarat High Court in Criminal Revision Application No. 385 of 1963
Outcome
Appeal dismissed
Legal Topics
Prosecution of Public Servants, Requirement of Sanction Under S.197 Criminal Procedure Code, Authority to Remove Railway Officers
Criminal Law Administrative Law Prosecution of Public Servants Requirement of Sanction Under S.197 Criminal Procedure Code Authority to Remove Railway Officers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

K. N. Shukla

Appellant

Navnit Lal Manilal Bhat

Respondent No. 1

A.N.R.

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated July 29, 1964 of the Gujarat High Court in Criminal Revision Application No. 385 of 1963

Legal Issues

  1. 1 Whether an officiating Class I railway officer is a public servant 'not removable from his office save by or with the sanction of the Central Government' under s. 197, Cr.P.C., thereby requiring sanction for prosecution.

Ratio Decidendi

An officiating Class I officer of the Railways, holding a substantive Class II post, is removable by the Railway Board (which is a separate authority by statutory delegation), not exclusively by the Central Government. Therefore, sanction of the Central Government under s. 197, Cr.P.C. is not required for prosecution for acts done in official capacity.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.