SADHU RAM AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition is filed to quash the order dated 18-4-1996 passed by the learned Additional Chief Judicial Magistrate, Hisar charging the petitioners under sections 409/420/468/471 and 120-B IPC in case No. 194-1/ 7.7.93.

(2.) The petitioners are the employees of the Co-operative Department Haryana and they have been deputed to work in Haryana Housing Loan Federation which is a Co-operative Society registered under the Co-operative Societies Act. The sole contention of the petitioners is that as they are the Government employees, no prosecution can be initiated against them without obtaining the sanction as is required under Section 197 of the Code of Criminal Procedure read with Section 118(2) of the Haryana Co-operative Societies Act, 1984.

(3.) The contention that sanction under Section 197 of the Code of Criminal Procedure is required, cannot be accepted in view of the, decision of the Supreme Court in S.S. Dhanoa v. Delhi Municipality, 1981 CrLJ 871 wherein it has been held that a Government employee working on deputation in a Co-operative Society, can by no stretch of imagination be said to be employed in connection with the affairs of the Union (State) within the meaning of Section 197 of the Code of Criminal Procedure.