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august 1966

Supreme Court of India · 1966-08-29

P. ARULSWAMI vs THE STATE OF MADRAS

Citation / case number
SC 1964/90267
Court
Supreme Court of India
Petitioner
P. ARULSWAMI
Respondent
THE STATE OF MADRAS
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court ruled that the sanction of the State Government is not required for prosecuting a public servant under Section 409 IPC, as per Section 106 of the Madras Village Panchayats Act (Mad. Act X of 1960). The Court clarified that not every act of a public servant requires sanction; only those acts directly related to their official duties do. In this case, the appellant, President of a Panchayat Board, was convicted for misappropriation of funds without the need for prior sanction, as the act was unconnected to his official duties.

P. ARULSWAMI vs THE STATE OF MADRAS · Niyam