No protection to PSU employees from criminal persecution, rules SC

Apex court asks trial court magistrate to try and finish trial against BSNL employees within one year

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Current affairs: The Supreme Court on Monday held that employees of Public Sector Undertakings (PSUs) are not entitled to protection from criminal protection automatically on account of being a ‘public servant’. In doing so, the apex court overruled Section 197 of the Code of Criminal Procedure (CrPC), which says that prior sanction from a competent officer was mandatory to prosecute a government servant for alleged criminal act done in discharge of his official duty.

Dismissing an appeal moved by Bharat Sanchar Nigam Limited (BSNL) against a high court order which had also held that protection of sanction under CrPC was not available to the officers of PSUs, the apex court also said that trial court magistrate should try and complete proceedings in the case within one year.

The case dates back to 2003 when a criminal complaint was filed against BSNL for engaging “unregistered security guards", which was in violation of an agreement the telecommunication company had with Security Guards Board (SGB). The SGB is a department under the Ministry of...read more

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