RAGHUNATH ANANT GOVILKAR versus STATE OF MAHARASHTRA AND ORS.

RAGHUNATH ANANT GOVILKAR versus STATE OF MAHARASHTRA AND ORS.

Sanction under Section 197 CrPC is not necessary where the alleged offences (Sections 420, 465, 466, 467, 468, 471 IPC) cannot reasonably be related to the discharge of official duty, even though the acts were done by a public servant in service. The protection extends only to acts having reasonable and direct connection with official duties, not to criminal acts such as false allotment and issuance of receipts. The need for sanction applies to retired servants if the acts relate to official duty, but here the acts do not have such connection, so no sanction is required.

Parties
Appellant: Raghunath Anant Govilkar; Respondents: State of Maharashtra and Ors.
Jurisdiction
India
Judgment Date
08 February 2008
Procedural Posture
Criminal Appeal / Appeal From Dismissal of Criminal Writ Petition by Bombay High Court, Seeking Quashing of Proceedings and Discharge Under Section 228 Cr PC
Outcome
Appeal dismissed.
Legal Topics
Sanction for Prosecution, Public Servant Abuse of Office, Discharge of Official Duty, Criminal Breach of Trust
Criminal Law Public Service Law Sanction for Prosecution Public Servant Abuse of Office Discharge of Official Duty Criminal Breach of Trust

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Parties

Raghunath Anant Govilkar

Appellant

State of Maharashtra and Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Dismissal of Criminal Writ Petition by Bombay High Court, Seeking Quashing of Proceedings and Discharge Under Section 228 Cr PC

Legal Issues

  1. 1 Whether sanction under Section 197 CrPC is required for prosecuting a retired public servant for acts done during service.
  2. 2 Whether alleged acts/offences are connected to discharge of official duty and thus require sanction under Section 197 CrPC.
  3. 3 Applicability of Maharashtra Civil Services (Pension) Rules, 1982, Rule 27 after retirement.

Ratio Decidendi

Sanction under Section 197 CrPC is not necessary where the alleged offences (Sections 420, 465, 466, 467, 468, 471 IPC) cannot reasonably be related to the discharge of official duty, even though the acts were done by a public servant in service. The protection extends only to acts having reasonable and direct connection with official duties, not to criminal acts such as false allotment and issuance of receipts. The need for sanction applies to retired servants if the acts relate to official duty, but here the acts do not have such connection, so no sanction is required.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed as the alleged offences are not relatable to any official duty; no sanction under Section 197 CrPC is required.