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31. The Hon'ble Supreme Court in the matter of Indira Devi v. State of Rajasthan and Anr. , while considering its earlier pronouncements in the cases of Subramanian Swamy v. Manmohan Singh20, & State of Maharashtra v. Budhikota Subbarao21, has held that the real question is whether the act committed is directly concerned with the official duty. In para 11 of the said judgment, while considering the fact of that case, it has been considered that the role assigned to the accused in that case was alleged infraction i.e., conspiring with his superiors. The superior officers were granted protection while the accused therein who was a clerk, who processed the paper was denied similar protection and, therefore, it was (2021) 8 SCC 768 (2012) 3 SCC 64 (1993) 3 SCC 339 held that the sanction from the competent authority would be required to take cognizance.