LexCENTRAL BUREAU OF INVESTIGATION versus RAMESH CHANDER DIWAN
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[2025] 4 S.C.R. 1476 : 2025 INSC 539 Central Bureau of Investigation v. Ramesh Chander Diwan (Criminal Appeal No. 1527 of 2025) 22 April 2025 [Dipankar Datta* and Manmohan, JJ.] Issue for Consideration Whether the High Court was right in holding that sanction under Section 197, Cr.PC not having been obtained, the respondent should be discharged for the offences registered under Sections 120B and 420 of the IPC against him. Headnotes† Criminal Procedure Code, 1973 – s.197, 2(y) – Penal Code, 1860 – s.21 – Prosecution of Judges and public servants – Sanction for prosecution – Respondent initially appointed by Government of Punjab, was sent on deputation in the Municipal Corporation, Chandigarh – Deputation period was extended by Governor of Punjab from time to time – FIR registered against the respondent for allegedly committing offences under IPC and PC Act – High Court discharged him for offences punishable under IPC on the ground that no sanction was obtained u/s.197, CrPC – Sustainability: Held: Impugned order is correct – Respondent while rendering service for the State of Punjab as well as the administration of the Union Territory was a public servant covered by s.21, IPC 12th description clause (a) – Protection of s.197(1), CrPC is available only to such public servants whose appointing authority is the Central Government or the State Government and not to every public servant – Despite his assignment on deputation to the Municipal Corporation, Chandigarh, the respondent continued to remain a public servant for the purposes of s.197(1), CrPC, being removable from office only by an appropriate authority in the Government of Punjab – Nothing on record to show that upon assignment of the respondent on deputation with the Municipal * Author [2025] 4 S.C.R. 1477 Central Bureau of Investigation v. Ramesh Chander Diwan Corporation, Chandigarh, he was either absorbed in its services resulting in severance of relationship with the Government of Punjab or that, by any order validly made, the respondent ceased to remain a Government servant once he left the post under the Government he was serving prior to his deputation – Article 311 of the Constitution ordains that no authority subordinate to the appointing authority can dismiss or remove a member of the civil service of the State or a civil post holder – Neither the Board of the Municipal Corporation, Chandigarh nor its Municipal Commissioner would have the authority or jurisdiction to take disciplinary action against the respondent had he misconducted himself while discharging his duty under such corporation – Plea that the respondent ceased to be a public servant upon being sent on deputation first to the Union Territory, Chandigarh or when he was relieved by the Administrator for joining a new assignment in the Municipal Corporation, Chandigarh rejected – Prevention of Corruption Act, 1988 – s.13(2), 13(1)(d) – Constitution of India – Article 311. [Paras 24-28] Public Service Law – Deputation – Concept – Disciplinary control over a deputationist – Discussed. [Paras 18-21] Case Law Cited A. Sreenivasa Reddy v. Rakesh Sharma [2023] 12 SCR 932 : (2023) 8 SCC 711 – relied on. S.S. Dhanoa v. Municipal Corporation Delhi and Others [1981] 3 SCR 864 : (1981) 3 SCC 431; Mohd. Hadi Raja v. State of Bihar and Another [1998] 3 SCR 22 : (1998) 5 SCC 91; N.K. Sharma v. Abhimanyu [2005] Supp. 4 SCR 207 : (2005) 13 SCC 213; Punjab State Warehousing Corporation v. Bhushan Chander and Another [2016] 4 SCR 537 : (2016) 13 SCC 44; Bharat Sanchar Nigam Limited and Others v. Pramod V. Sawant and Another (2019) 16 SCC 63; State of Kerala v. V. Padmanabhan Nair [1999] 3 SCR 864 : (1999) 5 SCC 690; Inspector of Police v. Battenapatla Venkata Ratnam [2015] 4 SCR 609 : (2015) 13 SCC 87; State of Punjab v. Inder Singh [1997] Supp. 4 SCR 425 : (1997) 8 SCC 372; Umapati Choudhary v. State of Bihar [1999] 3 SCR 752 : (1999) 4 SCC 659; Matajog Dobey v. H.C. Bhari [1955] 2 SCR 925; A. Sreenivasa Reddy v. Rakesh Sharma [2023] 12 SCR 932 : (2023) 8 SCC 711 – referred to. 1478 [2025] 4 S.C.R. Supreme Court Reports List of Acts Code of Criminal Procedure, 1973; Penal Code, 1860; Prevention of Corruption Act, 1988; Bharatiya Nagarik Suraksha Sanhita, 2023; Constitution of India. List of Keywords Section 197 of Code of Criminal Procedure, 1973; Protection of Section 197 of Code of Criminal Procedure, 1973; Deputation; Public servant; Sanc
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