<p>The Supreme Court on Thursday said that the protection granted to a public servant from prosecution cannot be extended to acts performed by him “using the office as a mere cloak for unlawful gains”.</p>.<p>A bench of Justices U U Lalit, Indu Malhotra and Krishna Murari set aside the Karnataka HC's judgement which stated the protection available to a public servant while in service, should also be there after his retirement.</p>.<p>The bench said it has consistently been laid down that the protection under Section 197 of the Criminal Procedure Code is available to the public servants when an offence is said to have been committed ‘while acting or purporting to act in the discharge of their official duty’.</p>.<p>The provision enjoined no action against public servant could be initiated in the absence of sanction.</p>.<p>The top court allowed an appeal filed by the CBI, Bengaluru against the HC's order of discharging B A Srinivasan, then Assistant General Manager (AGM) and Branch Head, Vijaya Bank, Mayo Hall from the charges of cheating, forgery and corruption.</p>.<p>After his retirement on October 31, 2012, an FIR was registered against him, alleging he, along with other accused, entered into a conspiracy and disbursed Rs two crore term loan and Rs one crore of Cash Credit Hypothecation (Working Capital) in favour of M/s Nikhara Electronics and Allied Technics without due diligence and in violation of all extant rules and regulations.</p>.<p>The HC had on April 13, 2015 discharged him since there was no sanction for prosecution.</p>.<p>“There was no occasion or reason to entertain any application seeking discharge. The High Court was also not justified in making the statement, (protection would be available after retirement), which is completely inconsistent with the law laid down by this court in connection with sanction,” the bench said.</p>.<p>The court said the issue whether the alleged act was intricately connected with the discharge of official functions would get crystalised only during the trial.</p>
<p>The Supreme Court on Thursday said that the protection granted to a public servant from prosecution cannot be extended to acts performed by him “using the office as a mere cloak for unlawful gains”.</p>.<p>A bench of Justices U U Lalit, Indu Malhotra and Krishna Murari set aside the Karnataka HC's judgement which stated the protection available to a public servant while in service, should also be there after his retirement.</p>.<p>The bench said it has consistently been laid down that the protection under Section 197 of the Criminal Procedure Code is available to the public servants when an offence is said to have been committed ‘while acting or purporting to act in the discharge of their official duty’.</p>.<p>The provision enjoined no action against public servant could be initiated in the absence of sanction.</p>.<p>The top court allowed an appeal filed by the CBI, Bengaluru against the HC's order of discharging B A Srinivasan, then Assistant General Manager (AGM) and Branch Head, Vijaya Bank, Mayo Hall from the charges of cheating, forgery and corruption.</p>.<p>After his retirement on October 31, 2012, an FIR was registered against him, alleging he, along with other accused, entered into a conspiracy and disbursed Rs two crore term loan and Rs one crore of Cash Credit Hypothecation (Working Capital) in favour of M/s Nikhara Electronics and Allied Technics without due diligence and in violation of all extant rules and regulations.</p>.<p>The HC had on April 13, 2015 discharged him since there was no sanction for prosecution.</p>.<p>“There was no occasion or reason to entertain any application seeking discharge. The High Court was also not justified in making the statement, (protection would be available after retirement), which is completely inconsistent with the law laid down by this court in connection with sanction,” the bench said.</p>.<p>The court said the issue whether the alleged act was intricately connected with the discharge of official functions would get crystalised only during the trial.</p>
