Wednesday, 7 March 2012

No legal immunity for govt servant in criminal cases: SC

TIMES OF INDIA NEW DELHI/GURGAON: A public servant facing charges of corruption, cheating and other criminal cases in the discharge of his or her duties does not enjoy any legal immunity as no prior sanction is required for prosecuting such officials, the Supreme Court has ruled.

A bench of justices R M Lodha and H L Gokhale set aside the concurrent findings of the Punjab and Haryana High Court and a sessions court which had quashed the prosecution and summons issued to a Deputy Excise and Taxation Commissioner, Gurgaon.

Citing the apex court ruling in the Prakash Singh Badal (2007) case, the bench said, "The offence of cheating under Section 420 or for that matter offences relateable to Sections 467, 468, 471 and 120-B can by no stretch of imagination by their very nature be regarded as having been committed by any public servant while acting or purporting to act in discharge of official duty." While Section 420 relates to cheating, sections 467, 468, 471 pertains to forgery and 120-B applies in cases of criminal conspiracy.

In the present case the official was accused by Omkar, a transporter, of collecting Rs 2 lakh money from him after impounding his three vehicles and refusing to issue any receipt. Based on Dhankar's complaint, judicial magistrate, Gurgaon, on June 2, 2001 issued him summons to face trial under Sections 420 (cheating), 406 (criminal breach of trust) and 161 (illegal gratification by a public servant) IPC.

Many NIPER Cases against F&AO, Ex-Dean and Officiating Director fals under Sections 420 (cheating), 406 (criminal breach of trust), 161 (illegal gratification by a public servant) and 120-B (criminal conspiracy) of IPC 

Recent legal notice  mention that explicitly 

" that the addressee no 1 & 2 (officiating director, PI of the project) have misappropriated the funds received by them and have also cheated the staff members to whom they have paid lesser salary by convening with each other and thus they have committed offenses punishable under section 406/420 IPC r/w section 120-B IPC for which my client will take separate action against these persons"

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