Protection of Sanction as ‘Public Servant’ Amaresh Patel LANDMARK JUDGMENT Fri, May 28, 2021, at ,10:12 AM Title of the Case – Protection of Sanction as ‘Public Servant’Name of the case – Bharat Sanchar Nigam Limited and Ors vs. Pramod V. Sawant., Crl.A. No. 503 of 2010 (SDate of Judgment – 19th August, 2019Judges: Justice Navin Sinha and Justice A.S. BopannaSubject and sections involved – Section 197, CrPC, 1973Issue: Whether public sector corporation are entitled to the protection under section 197 CrPC? Fact of the Case: Pradeep Tokas, son of Appellants, was a student who was a trained swimmer, and had won prizes in State-level events. 11th May, 2004, Pradeep Tokas was sitting on a two-wheeler as a pillion rider, while travelling on the Upper Ridge Road towards Karol Bagh, New Delhi. At 1:05AM, the said two-wheeler met with an accident with a stationary Truck which was not visible at night. The truck was standing in the middle of the road without any indicator lights on. The two-wheeler dashed against the stationary truck, and both Pradeep Tokas and the driver dies on the spot. He was 21 years old at the time of his death.The MACT granted compensation of 14 Lakhs 87 thousands on certain defined pattern. Aggrieved by the order, father of Pradeep Tokas filed before Delhi High Court for enhancement of compensation. The Insurance Company also filed a cross-appeal for reduction of compensation. High Court reduced the amount of compensation awarded by MACT to 9 Lakhs and 25 thousands.The present appeal is in response to this.Ratio of the case - The division bench of Supreme Court observed that the question for grant of sanction for prosecution under Section 197 CrPC on the ground of being a ‘public servant’ is not available to the two appellants on account of their ceasing to be employees of the Indian Telecommunication Service after their absorption in the appellant Corporation on 01st Oct, 2000, prior to the complaint. The bench added:“The fact that their past service may count for purpose of pension in case removal or dismissal by the Corporation or that administrative approval of the concerned ministry may be formally required before any punitive action will not confer on them the status of ‘public servant’ under the CrPC. We are therefore required to consider if sanction under Section 197, CrPC was a prerequisite with regard to him in a status as a ‘public servant’. The question is no more res integra and stands authoritatively settled that employees of public sector corporations are not entitled to the protection under Section 197 CrPC as ‘public servant’.”The bench further held that sufficient evidence is not available on record at this stage with regard to the status of appellant no 2 hold that the protection under section 197 CrPC shall be available to him. These are matters to be considered by the Magistrate on basis of the evidence that may be placed before him during the course of trial. It is therefore, held that the question of sanction under Section 197, CrPC with regard to appellants no 3 and 4 treating them to be ‘public servant’ simply does not arise because of their absorption in the Corporation. With regard to appellant no 2 considering his status as on deputation to the appellant Corporation at the relevant point of time and in absence of necessary evidence with regard to his status in the appellant Corporation throughout the litigation being ambiguous, we leave that the question open for considering in the trial after necessary evidence is available.