IN RE: THE CHIEF EXECUTIVE OFFICER, ANDHRA PRADESH, STATE ROAD TRANSPORT CORPORATION, HYDERABAD Vs. STATE

JUDGEMENT

(1.) This is a revision presented by the Chief Executive Officer, Andhra Pradesh State Road Transport Corporation, Hyderabad against his conviction for an offence under Section 123 (1) of the Motor Vehicles Act (Act IV of 1939) for causing or allowing Bus No. APZ 917 belonging to the Corporation to run without a road permit from Hyderabad to Adilabad, and sentence of Rs. 100/- fine, or in default, to undergo simple imprisonment for two weeks.

(2.) The facts are not in controversy. On 30-6-1961 the Delux Bus APZ 917 was found running from Hyderabad to Adilabad without a road permit. The Bus driver and the Chief Executive Officer were prosecuted before the Munsif Magistrate of Boath for an offence under Section 123(1) of the Motor Vehicles Act. The Bus driver, who was accused No. 1 in the case pleaded guilty. He was convicted and sentenced to pay a fine of Rs. 20/-. The Chief Executive Officer, accused No. 2 in the case, was also convicted and sentenced to pay a fine of Rs. 100/-, or in default to undergo simple imprisonment for two weeks. A plea was taken on behalf of the Chief Executive Officer that he was a public servant and that the sanction of the State Government was necessary under Section 197 (1) of the Criminal Procedure Code. But, that plea did not find favour with the Courts below. He has, therefore, presented this revision. This revision came up before our learned brother Mirza, J. He felt that the plea taken raised an important question as to whether the Chief Executive Officer of the Andhra Pradesh State Transport Corporation is a public servant and, if so, whether he could be proceeded against without the sanction of the State Government, and considered that a decision of the Bench would be more appropriate. The matter is, therefore, before us.

(3.) There can be no doubt that the Chief Executive Officer is a public servant, as it is expressly provided under Section 43 of the Road Transport Corporations Act, 1950 that