In Brief
The Supreme Court dismissed criminal appeals by the CBI challenging a High Court order that discharged a retired public servant from prosecution under the Indian Penal Code. The respondent, an Executive Engineer with the Punjab Government deputed to a municipal corporation, was accused of causing a loss of over Rs 13.66 crore through fraudulent tendering. The Court held that protection under Section 197 of the Criminal Procedure Code applies only to public servants whose appointing authority is the Central or State Government. Since the respondent remained appointed by Punjab and disciplinary control stayed with the Government, he retained public servant status and the trial required prior sanction, which was never obtained.
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