PROF. N. K. GANGULY versus CBI NEW DELHI

Citation: [2015] 10 S.C.R. 192 · Decided: 19-11-2015 · Supreme Court of India · Bench: V. GOPALA GOWDA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
[2015] 10 S.C.R. 192 
PROF. N. K. GANGULY 
V. 
CBI NEW DELHI 
(Criminal Appeal No. 798 of2015 & Ors.) 
NOVEMBER 19, 2015 
[V. GOPALA GOWDA AND AMITAVA ROY, JJ.] 
Code of Criminal Procedure, 1973 - s. 197 - Sanction 
c for prosecution of public servants - Requirement of -
Allegation of unauthorized and illegal transfer of plot against 
appellant and others-public servants -
Registration of 
criminal case u/s.120-8 /PC rlw ss.13(1)(d), 13(2) of the 198e 
Act against the appellants and others and thereafter, filing of 
D charge-sheet- Order of the Special Judge taking cognizance 
and issuance of summons-Application by appellant seeking 
quashing of the entire proceedings-Dismissal by High Court 
- On appeal, held: For the purpose of obtaining previous 
sanction from the appropriate ·government u/s. 197, it is 
E imperative that the alleged offence is committed in discharge 
of official duty by the accused - On facts, FIR and charge-
sheet both contain references to the allegations made against 
the appellants and others, that they entered into a criminal 
conspiracy by abusing their official positions as public 
F 
servants and illegally transferred the plot and obtained an 
undue pecuniary advantage, which is an offence u/s. 13(1 )(d) 
of the 1988Act ands. 1208 /PC- Thus, s. 197 applicable to 
the facts of the case - Previous sanction of the Central 
Government was required to prosecute them for the same -
G Proceedings taking cognizance and issuing summons to 
appellant by Special Judge in absence of previous sanction 
to prosecute them, quashed - Penal Code, 1860 - s. 120-8 
- Prevention of Corruption Act, 1988 - ss. 13(1 )(d), 13(2). 
H 
192 
PROF. N. K. GANGULY v. CBI NEW DELHI 
193 
Allowing the appeals, the Court 
A 
HELD: 1.1 The FIR and the charge-sheet both 
contain references to the allegations made against the 
appellants and other unknown persons, that they 
entered into a criminal conspiracy by abusing their s 
official positions as public servants during the year 2006-
2007 and illegally transferred the plot from ICPO to ICPO-
ICMR Housing Society at a much lower price than the 
then prevailing sector rate. On this basis, it is alleged 
that the appellants dishonestly obtained an undue C 
pecuniary advantage for themselves and others to the 
extent of Rs.13,14,36,823/- by illegally transferring the 
plot in favour of the said society with an ulterior motive. 
The process of transfer of the plot was initiated by the 
then Director, ICPO on the basis of a representation D 
prepared by the then Administrative Officer, ICPO, 
containing signatures of 51 employees of ICPO sent to 
Sr. Dy. Director General (Admn), ICMR. The said 
representation was for the purpose of establishment of 
the ICPO-ICMR Housing Society with an object to E 
promote control, coordinate and take charge of the plot 
• in question. The final approval for transfer of the plot and 
formation of the proposed ICPO-ICMR society was given 
by the appellant, the then Director General of ICMR and 
F 
the same was approved and communicated by Executive 
Engineer to the then Director, ICPO. The appellant 
recorded a note in the file stating that "the proposal was 
approved provided it was under the provisions of laws 
and land use for which it was acquired". The said G 
allegations contained in the chargesheet suggest that a 
conspiracy was hatched by the appellants to commit an 
offence u/s.13(1)(d) of the P.C.Act, 1988.Aperusal of the 
chargesheet reveals that there is sufficient material on 
record to indicate the existence of the alleged H 
194 
SUPREME COURT REPORTS 
[2015) 10 S.C.R. 
A conspiracy. In view of the same, Section 197 CrPC is 
squarely applicable to the facts of the instant case. [Para 
17] [204-E-H; 205-A-D] 
1.2 In the instant case, it is alleged in the charge-
s sheet that the appellants entered into an agreement to 
commit an illegal act, which is an offence punishable 
under Section 1208 of IPC. Therefore, the provision of 
s.197 CrPC is squarely applicable to the facts of the case. 
Prior sanction of the Central Government was required 
C to be taken by the respondent before the Special Judge 
took cognizance of the offence once the final report was 
filed u/s.173(2) CrPC. [Para 19] [205-H; 206-A-B] 
1.3 For the purpose of obtaining previous sanction 
o from the appropriate government under Section 197 
CrPC, it is imperative that the alleged offence is 
committed in discharge of official duty by the accused. 
It is a
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