S.S. DHANOA versus MUNICIPAL CORPORATION, DELHI & ORS.

S.S. DHANOA versus MUNICIPAL CORPORATION, DELHI & ORS.

A member of the Indian Administrative Service, placed on deputation as General Manager to a cooperative society registered under the Bombay Cooperative Societies Act, 1925, is not a public servant within the meaning of clause Twelfth of section 21, Indian Penal Code, 1860 for the purposes of section 197 of the Code of Criminal Procedure, 1973, as the cooperative society is not a corporation established by or under an Act. Therefore, prior sanction from the Central Government for prosecution is not required.

Parties
Appellant: S.S. Dhanoa; Respondents: Municipal Corporation, Delhi & Ors.
Jurisdiction
India
Judgment Date
08 May 1981
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated 17th September, 1975 of the Delhi High Court in Criminal Misc. (m) 212 of 1974.
Outcome
Appeal dismissed
Legal Topics
Definition of Public Servant Under Penal Code, Requirement of Prior Sanction Under Cr.p.c. S. 197, Status of Cooperative Societies
Criminal Law Administrative Law Public Service Law Definition of Public Servant Under Penal Code Requirement of Prior Sanction Under Cr.p.c. S. 197 Status of Cooperative Societies

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 6 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

S.S. Dhanoa

Appellant

Municipal Corporation, Delhi & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated 17th September, 1975 of the Delhi High Court in Criminal Misc. (m) 212 of 1974.

Legal Issues

  1. 1 Whether an officer of the Indian Administrative Service (IAS) on deputation to a cooperative society is a public servant within the meaning of clause Twelfth of section 21 of the Indian Penal Code, 1860, for the purposes of section 197 of the Code of Criminal Procedure, 1973.
  2. 2 Whether prior sanction of the Central Government is necessary for prosecution under s. 197, Cr.P.C., when an IAS officer is on deputation to a cooperative society.

Ratio Decidendi

A member of the Indian Administrative Service, placed on deputation as General Manager to a cooperative society registered under the Bombay Cooperative Societies Act, 1925, is not a public servant within the meaning of clause Twelfth of section 21, Indian Penal Code, 1860 for the purposes of section 197 of the Code of Criminal Procedure, 1973, as the cooperative society is not a corporation established by or under an Act. Therefore, prior sanction from the Central Government for prosecution is not required.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed. No order as to costs.
  • The Magistrate shall first determine whether the appellant is protected under section 19(2) of the Prevention of Food Adulteration Act, 1954.