BALBIR SINGH DELHI ADMN. DELHI vs D.N. KADIAN, M.M. DELHI & ANR. D.N. KADIAN AND ORS.

The Supreme Court set aside the High Court's order declaring the Lt. Governor of Delhi's notification dated 7th April 1980 ultra vires, holding that the notification was validly issued under Section 197(3) of the Code of Criminal Procedure. The Court clarified that prior sanction from the Lt. Governor is necessary only when public servants act in discharge of their official duties, which was not the case for the appellants whose actions of tampering with Search Memos were outside their official duties. Consequently, the criminal proceedings against the appellants were deemed maintainable without such sanction.