Supreme Court

Amal Kumar Jha v. State of Chhatisgarh

26.04.2016

Criminal

Officer travelling for official meeting is in discharge of official duty

The Supreme Court allowed an appeal by of an official in-charge of a government hospital in District Raigad against prosecution without grant of sanction.

In the instant case, allegations of failing to discharge of official duty were raised when Appellant, instead of providing government vehicle for shifting a patient from primary health centre, used the same to travel to his monthly official meeting.

The Court opined that “the omission complained of due to which offence is stated to have been committed, was intrinsically connected with discharge of official duty of the Appellant”. As such, Appellant was protected by Section 197 CrPC and could not have been prosecuted without sanction.

Relevant

State of Orissa & Ors. v. Ganesh Chandra Jew MANU/SC/0264/2004
State of Madhya Pradesh v. Sheetla Sahai & Ors. MANU/SC/1425/2009
Section 197 CrPC Act

Tags : officer government hospital official duty

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