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1 - 10 of 11 (0.20 seconds)Section 81 in The Registration Act, 1908 [Entire Act]
Section 197 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 43 in The Registration Act, 1908 [Entire Act]
K. Kalimuthu vs State By D.S.P on 30 March, 2005
K. Kalimuthu's case (1 supra) relied on by the learn! ed couns el for 2nd respondent has no application to the facts of this case.
Section 44 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
The Specific Relief Act, 1963
The Registration Act, 1908
K. Ch. Prasad vs Smt. J.Vanalatha Devi And Ors on 10 February, 1987
4. Petitioner is working as a Sub-Registrar. His appointment is governed by the Andhra Pradesh Registration Subordinate Service Rules (herein after referred as 'Service Rules') issued in G.O.Ms.No.372, Revenue (U), Dated 24-02-1983, as per which there are two grades of Sub-Registrars, i.e, Sub-Registrar, Grade-I who will be in Category-1 and Sub-Registrar, Grade-II who will be in Category 2 As per Rule 2 of the Service Rules, appointment of Sub-Registrar, Grade-I is by promotion from the category of the Sub-Registrars, Grade-II and for Sub- Registrar Grade-II is by direct recruitment or by Recruitment by transfer and as per Rule 4 of the Service Rules, the appointing authority for the Categories of Sub-Registrars, Grade-I and Grade-II, is the Deputy Inspector General of Registration and Stamps. Since it is well known that appointing authority has the power to remove also, Deputy Inspector General of Registration and Stamps would be the authority to remove Sub-Registrars G! rade-I and Grade-II. No rule in the Service Rules lays down the Deputy Inspector General of Registration and Stamps has to obtain sanction from the Government to remove Sub-Registrar Grade-I or Grade-II from Service. So it is clear that Sub-Registrar Grade-I and Grade-II can be removed without the sanction of the State Government. . Since Section 197 Cr.P.C. applies only to such Government Servants who cannot be removed from their Office save by or with the sanction of the Government, and since sanction of the Government for removal of petitioner Government is not required, he cannot take shelter under Section 197 Cr.P.C. See K.CH. Prasad v. Smt. J. Vanalatha Devi, and DR. Lakshmansingh Himatsingh Vaghela v. Naresh Kumar Chadrashanker Jha, . In view thereof failure to obtain sanction to prosecute the petitioner from the State Government is not and cannot be a bar for the learned Magistrate taking cognizance of the complaint against the petitioner though he is a Government! Servant.