Whether Nationalised Bank Employee is Entitled to get protection of S 197 CrPC ?

  The Appellant was serving as an Assistant General Manager, State Bank of India, Overseas Bank at Hyderabad. State Bank of India is a Nationalised Bank. Although a person working in a Nationalised Bank is a public servant, yet the provisions of Section 197 of the Code of Criminal Procedure would not be attracted at all as Section 197 is attracted only in cases where the public servant is such who is not removable from his service save by or with the sanction of the Government. It is not disputed that the Appellant is not holding a post where he could not be removed from service except by or with the sanction of the Government. In this view of the matter, even if it is alleged that the Appellant herein is a public servant, still the provisions of Section 197 of the Code of Criminal Procedure are not attracted at all. {Para 45}

6. It is very clear from this provision that this Section is attracted only in cases where the public servant is such who is not removable from his office save by or with the sanction of the Government. It is not disputed that the Appellant is not holding a post where he could not be removed from service except by or with the sanction of the government. In this view of the matter even if it is held that the Appellant is a public servant still provisions of Section 197 are not attracted at all.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 2339 of 2023 

Decided On: 08.08.2023

A. Sreenivasa Reddy  Vs. Rakesh Sharma and Ors.

Hon'ble Judges/Coram:

B.R. Gavai and J.B. Pardiwala, JJ.

Author: J.B. Pardiwala, J.

Citation: MANU/SC/0842/2023.

Read full Judgment here: Click here

Print Page