Revision vs Ujagar Singh on 15 March, 2010
In Pukhraj's case (supra),
the appellant, was a Postal Clerk. He was allegedly kicked, in the
abdomen and abused by a superior officer, when the former met the
latter, with a view to request for cancellation of his transfer. The Apex
Court, held that, the acts, attributed to the accused, in the complaint,
filed by the complainant, did not come within the scope of official
duty, and no sanction, under Section 197 Cr.P.C., was required. The
principle of law, laid down, in the aforesaid cases, is fully applicable to
the facts of the instant case. The order impugned, is, thus, illegal and
liable to be set aside.