Case Note & Summary
The petitioner, Shri Nai Pal Singh, an employee of the Income Tax Department working as Commissioner of Income Tax (Departmental Representative), filed two writ petitions challenging orders passed by the Central Administrative Tribunal, Mumbai, in Original Application Nos. 284 of 2014 and 285 of 2014, both decided on 16 July 2015. The Tribunal had dismissed his applications challenging the charge sheet dated 14 March 2014 and the memorandum of charge. The petitioner sought quashing of these orders and the charge sheet, claiming that disciplinary proceedings were initiated without obtaining prior sanction under Section 197 of the Code of Criminal Procedure, 1973 (CrPC), which is mandatory for public servants not removable from service without sanction of the Central Government. The court examined the legal issue of whether such sanction is a prerequisite for initiating disciplinary proceedings. The respondents, Union of India and Chairman of CBDT, argued that the proceedings were valid. The court, after hearing arguments, held that the petitioner, being a public servant not removable from service without sanction of the Central Government, was entitled to protection under Section 197 CrPC. The disciplinary proceedings initiated without prior sanction were void ab initio. Consequently, the court quashed the charge sheet, the memorandum of charge, and the Tribunal's orders, allowing the writ petitions with consequential benefits.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Mandatory Sanction - The court considered whether disciplinary proceedings against a public servant, who is not removable from service without sanction of the Central Government, require prior sanction under Section 197 CrPC. Held that such sanction is mandatory and proceedings initiated without it are void. (Paras 1-10) B) Service Law - Disciplinary Proceedings - Validity of Charge Sheet - The petitioner, an Income Tax Officer, challenged the charge sheet issued without prior sanction. The court held that the charge sheet and the order of the Central Administrative Tribunal confirming it were liable to be quashed as the proceedings were without jurisdiction. (Paras 1-10)
Issue of Consideration
Whether the disciplinary proceedings initiated against the petitioner, a public servant, without obtaining prior sanction under Section 197 of the Code of Criminal Procedure, 1973, are valid and sustainable in law.
Final Decision
Writ petitions allowed. Order dated 16 July 2015 passed by Central Administrative Tribunal, Mumbai in Original Application No.284 of 2014 and 285 of 2014, and Memorandum of Charge Sheet dated 14.03.2014 are quashed and set aside. Petitioner entitled to all consequential benefits.
Law Points
- Sanction under Section 197 CrPC is mandatory for prosecution of public servant not removable from service without sanction of Central Government
- Disciplinary proceedings without valid sanction are void ab initio
- Charge sheet issued without sanction is liable to be quashed
