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Employee of a Public Sector Undertaking not a ‘public servant’

In Punjab State Warehousing Corp v. Bhushan Chander, while deciding the question as to whether an employee of a Public Sector Undertaking can be considered to be ‘Public servant’ under Section 197 CrPC, the bench of Dipak Misra and Shiva Kirti Singh, JJ held that the protection by way of sanction under Section 197 CrPC is not applicable to the officers of Government Companies or the public undertakings even when such public undertakings are ‘State’ within the meaning of Article 12 of the Constitution on account of deep and pervasive control of the government.

 Article referred: http://blog.scconline.com/post/2016/07/02/employee-of-a-public-sector-undertaking-not-a-public-servant-under-s-197-crpc/

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