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Prof. N.K. Ganguly v. CBI, New Delhi

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 798 of 2015)Decided 19 Nov 2015
Criminal Appeal No. 798 of 2015
Justice V. Gopala Gowda · Justice Amitava Roy

Background

Prof. N.K. Ganguly, then Director General of the Indian Council of Medical Research, and other officials were accused by the CBI of conspiring to transfer a NOIDA plot from a cancer research institute to a housing society whose members included the accused, at a price well below market rate. A Special Judge took cognizance of the case and issued summons, and the Allahabad High Court refused to quash the proceedings. The accused then appealed to the Supreme Court.

Decision Breakdown

The Court allowed the appeals and quashed the proceedings against the appellants. It held that the alleged conspiracy was an act done, or purporting to be done, in the course of official duties, since the transfer was approved through official channels by the officials concerned. Under Section 197 of the CrPC, a court therefore cannot take cognizance of such an offence without prior sanction from the Central Government. As no sanction had been obtained, the Special Judge's order taking cognizance and issuing summons was set aside. The Court relied on earlier rulings (including R.R. Chari and Shreekantiah Ramayya Munipalli) that the question is whether the act is directly connected to official duty, and it expressly did not decide guilt or innocence.

Lesson Learnt

Public servants accused of crimes committed while carrying out their official work may be protected by a legal requirement for government approval before prosecution. This protection does not decide whether the person is guilty; it decides whether a court can start the case without that approval.

Official source (sci.gov.in)View Judgment (PDF)

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