https://www.taxtmi.com/caselaws?id=287158 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. en-us Fri, 13 Feb 2004 00:00:00 +0530 Wed, 01 Apr 2020 10:57:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287158 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. Case-Laws Indian Laws Fri, 13 Feb 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287158