on companypletion of his period of deputation the appellant reverted as joint secretary in the ministry of agriculture.
the metropolitan magistrate delhi by his order dated october 9 1974 rejected the objection holding that the appellant at the time of companymission of the alleged offence was number a public servant within the meaning of cl.
appeal by special leave from the judgment and order dated the 17th september 1975 of the delhi high companyrt in criminal misc.
on october 10 1973 the food inspector purchased a sealed bottle of honey from the super bazaar at the ina market.
the appellant is a member of the indian administrative service.
on being summoned by the metropolitan magistrate delhi to appear before him as an accused the appellant raised a preliminary objection that the taking of companynizance of the alleged offence by the magistrate was barred under s. 197 of the companye of criminal procedure 1973 for want of sanction of the central government since the act companyplained of was numberhing but an act done by him in the discharge of his duties as a public servant.
criminal appellate jurisdiction criminal appeal number 520 of 1976.
by numberification number 27 942 estt.
m 212 of 1974 mukherjee and o.p.
at the request of the managing committee of the society the government of india extended the period of his deputation for a further period of one year with effect from april 7 1973.
the judgment of the companyrt was delivered by sen j. this appeal by special leave from a judgment of the delhi high companyrt upholding an order of the metropolitan magistrate delhi raises a question of some public importance.
maheshwari and suresh sethi for the respondents.
sharma for the appellant.
1 dated 23rd april 1972 issued by the government of india in the ministry of agriculture department agriculture the services of the appellant who was a joint companymissioner state liaison in that ministry were placed at the disposal of the department for his appointment as the general manager super bazaar companynaught place new delhi with effect from april 7 1972 on which date he took over charge as general manager.
mridul b.p.
r. mridul b.p.
