B SECTION 197 Cr.P.C. AND SECTION 19 P.C. ACT,1988 COMPARED
For distinction between the two Sections, refer to Para 22 below.
C THE MEANING OF REMOVABLE FROM OFFICE BY OR WITH THE SANCTION OF THE GOVERNMENT
Thus, an inspector of police or a sub-inspector of police or a police constable, if removable by the Inspector General of Police or by the Superintendent of Police, cannot be said to be removable by or with the sanction of the Government and hence no prosecution sanction under Section 197 Cr.P.C is necessary. (vide Nagraj v. State of Mysore AIR 1964 SC 269=1964(1) Cr.L.J 161; Fakhruzamma v. State of Jharkhand (2013) 15 SCC 552; Harikumar B v. Suresh @ Karupooru Suresh and Another 2014 (2) KLT 1028.) Where an officer is removable by the Railway Board, no sanction is necessary since the Board is neither the Central or State Government. (vide K.N. Shukla v. Navnit Lal Manilal Bhatt AIR 1967 SC 1331=1967 Cr.L.J. 1200-5 Judges). The decision of the Federal Court in Afzalur Rahman’s case (supra) was approved and followed in this decision.
D “PUBLIC SERVANT” UNDER THE SECTION 197 Cr.P.C AND SECTION 19 OF P.C. ACT
Justice V.Ramkumar is a Former Judge, High Court of Kerala.
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