Document Fragment View
Fragment Information
Showing contexts for: Promotion RBI in C B I vs B. R. Acharya & Ors on 6 January, 2015Matching Fragments
60. The argument that the prosecution has not obtained the sanction under Section 197 Cr.PC to prosecute A1 as a public servant runs counter to the argument that A1 had surpassed other officers. He is stated to have been appointed from Scale I officer to Scale IV officer and posted to CBMF, Mumbai as General Manager and which was not objected by RBI contending that such promotion on merit could only be in a private organisation. This would rule at the requirement of sanction under Section 197 of the Cr.P.C. In any event sanction under Section 197 of the Cr.P.C is not required to be obtained for the offence of criminal breach of trust by a public servant.