Sanction for Prosecution Mandatory for Public Servants Acting in Official Capacity – Deemed Sanction Not Recognized Under Section 197 CrPC

The Supreme Court allowed the appeal and quashed the chargesheet and summoning order against the appellant. (Para 32)

Held: The Magistrate erred in taking cognizance of the offence without sanction under Section 197 CrPC. The concept of “deemed sanction” is not recognized under Section 197 CrPC. (Para 30-31)

Major Acts:

1. Constitution of India (COI) – Article 356.

2. Code of Criminal Procedure, 1973 (CrPC) – Section 197 (Prosecution of Judges and Public Servants), Section 482 (Inherent Powers of High Court).

3. Indian Penal Code, 1860 (IPC) – Sections 354, 509, 120B, 192, 197, 204, 218, 202, 468, 471, 506.

4. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).

Facts:

1. Nature of the Litigation: Criminal Appeal arising from the dismissal of a petition under Section 482 CrPC seeking quashing of a chargesheet and summoning order against the appellant, a public servant.

2. Who is Asking the Court and for What Remedy?: The appellant, Suneeti Toteja, a Scientist-E at the Bureau of Indian Standards (BIS), sought quashing of criminal proceedings initiated against her for alleged misconduct during her tenure as Presiding Officer of the Internal Complaints Committee (ICC) at the Food Safety and Standards Authority of India (FSSAI).

3. Reason for Filing the Case: The appellant was accused of filing a counter affidavit before the Central Administrative Tribunal (CAT) without the complainant’s consent and allegedly pressuring the complainant to withdraw her case. The chargesheet was filed without prior sanction from the competent authority (BIS).

4. What Has Already Been Decided Until Now?: The High Court dismissed the appellant’s petition under Section 482 CrPC, allowing the trial to proceed but granting liberty to raise the issue of sanction before the Magistrate.

Issues:

1. Whether the High Court erred in not quashing the chargesheet and summoning order against the appellant in the absence of sanction under Section 197 CrPC? (Para 18)

2. Whether the concept of “deemed sanction” applies under Section 197 CrPC when the competent authority fails to grant sanction within the stipulated time? (Para 26-31)

Submissions/Arguments:

1. Appellant’s Arguments:

   • The appellant acted in her official capacity as Presiding Officer of the ICC, and thus, sanction under Section 197 CrPC was mandatory. (Para 12)

   • The competent authority (BIS) denied sanction for prosecution, and the chargesheet was filed without proper sanction. (Para 13)

   • The High Court erred in not considering the refusal of sanction by BIS. (Para 14)

2. Respondent-State’s Arguments:

   • The Investigating Officer proceeded with the chargesheet based on “deemed sanction” as no sanction was granted within the stipulated time. (Para 14)

   • Reliance was placed on Vineet Narain v. Union of India, AIR 1998 SC 889, to argue that the time limit for sanction must be strictly adhered to. (Para 14)

3. Complainant’s Arguments:

   • The appellant concealed material facts and committed perjury by filing a counter affidavit without the complainant’s consent. (Para 15)

   • The issue of sanction could be raised before the trial court, and the High Court correctly dismissed the petition under Section 482 CrPC. (Para 17)

Ratio:

1. Sanction Under Section 197 CrPC:

   • Sanction is mandatory for prosecuting a public servant for acts done in the discharge of official duties. (Para 25)

   • The appellant’s actions, including filing a counter affidavit before the CAT, were performed in her official capacity as Presiding Officer of the ICC. (Para 22, 25)

   • The competent authority (BIS) denied sanction, and thus, the prosecution could not proceed. (Para 29)

2. Deemed Sanction:

   • The concept of “deemed sanction” is not applicable under Section 197 CrPC. The judgments in Vineet Narain and Subramanian Swamy v. Manmohan Singh, (2012) 3 SCC 64, do not support the argument of deemed sanction. (Para 30-31)

3. Protection of Public Servants:

   • Section 197 CrPC aims to protect public servants from unjustified prosecution while discharging official duties. The absence of sanction vitiates the initiation of criminal proceedings. (Para 26-27)

Subjects:

• Sanction for Prosecution – Section 197 CrPC – Public Servant – Official Duty – Deemed Sanction – Quashing of Chargesheet – Internal Complaints Committee (ICC) – Sexual Harassment – POSH Act.