SC: Absorption in a public corporation takes away protection u/s 197 CrPC

The Hon’ble Supreme Court, on 19th August 2019, in the matter of Bharat Sanchar Nigam Limited and Others v. Pramod V. Sawant and Another observed that after absorption of a public servant in a public sector corporation, his entitlement to protection under Section 197 Cr.P.C is lost.

The Hon’ble Supreme Court observed that:

The fact that the past service of an employee may count for purposes of pension in case of removal or dismissal by the Corporation or the fact that administrative approval of the concerned ministry may be formally required before any punitive action will not confer on such employees the status of ‘public servant’ under the Cr.P.C. (This inference has been drawn on the basis of Para 7)

Employees of public sector corporations are not entitled to the protection under Section 197 Cr.P.C. as ‘public servant’. (Para 8)

After absorption of a public servant in a public sector corporation, such public servant cannot claim protection under Section 197 Cr.P.C. as ‘public servant’. (This inference has been drawn on the basis of Para 15)

Copy of judgement: Judgement_19-Aug-2019

-Adv. Tushar Kaushik

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