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.