CAPT M O ANGELO Vs. KANDAN MANJHI

JUDGEMENT

(1.) This is a reference made by the learned Deputy Commissioner of Hazaribagh recommending that certain criminal proceedings against one Capt. Angelo which were commenced without the previous sanction of the Provincial Government be quashed. On 3 February 1939, one Kundan Manjhi filed a petition before the Sub-divisional Officer of Giridih alleging that on the previous Friday, namely 27 January 1939, the Manager of the Court of Wards of the Ganwan Estate had demanded various commodities from the tenants who resided in the village of Chattarmar. Amongst these commodities were rice, dal, milk, ghee and oil, and two fowls and one goat were also demanded. It was alleged that these commodities, fowls and goat were taken to the manager. The petitioner alleged that other goats had been received by the manager and that he had been directed to take them to Ganwan, the headquarters of the estate.

(2.) The petitioner stated that he set out with two goats to Ganwan accompanied by a peon. On the way, it is said that he met some Congress people including a lawyer who induced him to file a complaint before the Second Officer who was at Satgawan. The Second Officer directed him to file a complaint before the Sub- divisional Officer at Giridih and this was done. The Sub-divisional Officer ordered a Magistrate to make an inquiry, and the learned Magistrate found that presents of small value had been given by certain persons such as are usually given to the landlord or his employees whenever they visited the village. The Sub-divisional Officer then called upon the manager and the peons to show cause why action under Section 63, Chota Nagpur Tenancy Act, should not be taken against them. Cause was shown, and it was urged on behalf of Capt. Angelo that he was a public servant and, therefore, no cognizance of the offence alleged to have been committed by him could be taken without the previous sanction of the Provincial Government.

(3.) The learned Sub-divisional Officer, after hearing argument on this point, came to the conclusion that Capt. Angelo was a public servant; but he further held that the acts could not be said to have been done by Capt. Angelo in discharge of his official duties. In the result he held that the sanction of the Provincial Government for the prosecution of Capt. Angelo was not necessary and directed the proceedings to continue. A petition was then filed on behalf of Capt. Angelo before the learned Deputy Commissioner who came to the conclusion that the sanction of the Provincial Government was necessary for the prosecution of Capt. Angelo, and. accordingly he referred the matter to this Court with the recommendation that the proceedings pending against Capt. Angelo should be quashed.