SHIV DUTT BALI Vs. MANOHAR LAL SAINI

JUDGEMENT

(1.) THIS is revision petition by Shiv Datt Bali against Manohar Lal Saini. The petitioner was Head Clerk in the office of Zila Parishad, Hoshiarpur, when Manohar Lal respondent worked as Secretary of the Zila Parishad from July, 1962 to November, 1953. The respondent of Development and Panchayat. He went back as District Development and Panchayat Officer. While the respondent was working in that capacity in 1966, he wrote the following remarks about she petitioner pertaining to the work of the petitioner for the year 1962 -63;

(2.) ON May 30, 1967, a complaint was filed by the petitioner against the respondent for offence under Section 500, Indian Penal Code. The respondent was summoned for September 25, 1967. He made an application on that date to the trial Magistrate raising the objection that in the absence of sanction for prosecution of the respondent under Section 197, Code of Criminal Procedure, the complaint deserved dismissal objection raised prevailed. By order dated October 10, 1967, the trial Magistrate dismissed the complaint and discharged the respondent Revision petition was filed from that order by the petitioner. It was dismissed on January 9, 1969 and the order of the trial Magistrate was confirmed.

(3.) THE applicability of the Section in respect of the first two ingredients, namely, (i) and (iii) has not been challenged. It is only on the question of applicability of ingredient (iii) of the Section that the controversy has been raided. If the plea raised is sought to be covered by the third ingredient of that Section, a public servant claiming protection on that plea under that ingredient must satisfy that (a) the act fell within the scope of his official duty as public servant and that (b) the act was committed while the public servant was acting or purporting to act.