Matching Fragments
(See Subramanian Swamy v. Manmohan
(2021) 8 SCC 768
Singh [Subramanian Swamy v. Manmohan Singh, (2012)
3 SCC 64: (2012) 1 SCC (Cri) 1041:(2012) 2 SCC (L&S)
666].) The alleged indulgence of the officers in cheating,
fabrication of records or misappropriation cannot be said
to be in discharge of their official duty. However, such
sanction is necessary if the offence alleged against the
public servant is committed by him "while acting or
purporting to act in the discharge of his official duty" and
in order to find out whether the alleged offence is
committed "while acting or purporting to act in the
discharge of his official duty", the yardstick to be followed
is to form a prima facie view whether the act of omission
for which the accused was charged had a reasonable
connection with the discharge of his duties. (See State of
Maharashtra v. Budhikota Subbarao [State of
Maharashtra v. Budhikota Subbarao, (1993) 3 SCC 339:
... ... ...
21. The learned Senior Counsel appearing for the
appellants raised the contention that the requirement of
sanction is only procedural in nature and hence, directory
or else Section 19(3) would be rendered otiose. We find it
difficult to accept that contention. Sub-section (3) of
Section 19 has an object to achieve, which applies in
circumstances where a Special Judge has already
rendered a finding, sentence or order. In such an event, it
shall not be reversed or altered by a court in appeal,
confirmation or revision on the ground of absence of
sanction. That does not mean that the requirement to
obtain sanction is not a mandatory requirement. Once it
is noticed that there was no previous sanction, as already
indicated in various judgments referred to hereinabove,
the Magistrate cannot order investigation against a public
servant while invoking powers under Section 156(3)
CrPC. The above legal position, as already indicated, has
been clearly spelt out in Paras Nath Singh [(2009) 6 SCC
372 : (2009) 2 SCC (L&S) 200] and Subramanian
Swamy [(2012) 3 SCC 64 : (2012) 1 SCC (Cri) 1041 :
