Prior sanction protection under Section 197 CrPC depends on who can remove the public servant from service, not general government control.

Prior sanction under Section 197 CrPC is required only when a public servant is removable from office save by or with the sanction of the Government. The decisive test is the authority competent to remove the servant under the governing service rules; where a competent departmental authority can remove the servant directly, mere ultimate governmental control does not attract the protection. As the appellant was removable by the Director of Employment and not exclusively by the Government, sanction was unnecessary and the prosecution could proceed.

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Issues: Whether prosecution of a public servant required prior sanction under Section 197 of the Code of Criminal Procedure, 1973 when the servant was removable from service by a departmental authority and not only by the Government.

Analysis: Section 197 applies only where the public servant is not removable from office save by or with the sanction of the Government. The decisive test is the authority competent to remove the servant from service under the governing service rules. If the servant can be removed directly by a competent departmental authority, the mere existence of ultimate governmental control does not attract the statutory protection. On the facts, the appellant was removable by the Director of Employment and not exclusively by the Government. The earlier decision referred to the same principle and held that sanction was unnecessary in such a situation.

Conclusion: Prior sanction under Section 197 of the Code of Criminal Procedure, 1973 was not required, and the challenge to the prosecution failed.

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