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Suneeti Toteja v. State of U.P.

Criminal Appeal · 2025 INSC 267Decided 25 Feb 2025
Criminal Appeal @ SLP (Crl.) No.6898 of 2023 (Crl.A. No.-000975-000975 - 2025)
Mrs. Justice B.V. Nagarathna · Justice Satish Chandra Sharma

Background

Dr. Manisha Narayan alleged she was sexually harassed by a colleague while on deputation at the Food Safety and Standards Authority of India (FSSAI). An Internal Complaints Committee (ICC) (headed at the relevant time by the appellant, Suneeti Toteja, a Bureau of Indian Standards (BIS) scientist then on deputation as an FSSAI Director) investigated the complaint. Years later, when the complainant felt no action had followed, she filed an FIR that also implicated the appellant, and a Magistrate took cognizance and issued a chargesheet and summoning order against her without any sanction for her prosecution having first been granted by her competent authority (BIS). The Allahabad High Court declined to quash these proceedings, leading to this appeal.

Decision Breakdown

The Supreme Court held that since the acts complained of (her conduct as ICC presiding officer) were reasonably connected to her official duties, prosecution sanction from her competent authority was mandatory before a court could take cognizance. The request for sanction was in fact sent to the wrong authority (FSSAI, not BIS, her employer at the relevant time) and reached BIS only after the chargesheet and summoning order had already issued; BIS, on receiving the request, expressly declined to grant sanction. The Court rejected the argument that a "deemed sanction" arises after an inordinate delay, finding no such rule has been enacted by Parliament despite judicial suggestions. Because valid sanction was never obtained, and was in fact refused, the Court held the entire prosecution against the appellant was vitiated from inception and quashed the chargesheet and summoning order against her.

Lesson Learnt

A public servant cannot be prosecuted for acts reasonably connected to their official duties unless the competent authority has actually granted sanction, and if that authority is approached late, mistakenly, or refuses sanction outright, any chargesheet or summoning order issued in the meantime is void, not merely delayed.

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

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