IMPORTANT POINT
Section 197 of Cr.P.C. does not envisage concept of deemed sanction – Test to decide whether sanction is necessary in a particular case is, whether, act is totally unconnected with official duty or whether, there is a reasonable connection with official duty.

JUDGMENT :

NAGARATHNA, J.

Leave granted.

2. The present Criminal Appeal arises out of the order dated 16.11.2022 passed by the High Court of Judicature at Allahabad, Lucknow Bench, in Application u/s 482 No.8057/2022, wherein the High Court has dismissed the petition filed by the appellant herein for quashing of the summoning order dated 12.07.2022 and the chargesheet No.01/2022 dated 02.07.2022.

3. The appellant herein is stated to be an employee of the Bureau of Indian Standards (BIS). Briefly stated, the facts giving rise to the present case are that Dr. Manisha Narayan, the respondent No.2 herein (hereinafter referred to as “complainant”) had filed FIR No.610/2018 dated 30.10.2018 at the Aliganj Police Station, District Lucknow. It was stated in the said FIR that during her tenure with the Food Safety and Standards Authority of India (hereinafter “FSSAI” or “authority”) in New Delhi in the capacity of an Associate Director, she was sexually harassed on multiple occasions by Dr. S.S. Ghonkrorkta, the Enforcement Director therein. Being aggrieved, she disclosed the same to her mother who then filed a complaint before the FSSAI for action to be taken under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter “POSH Act”). An Internal Complaints Committee (ICC) was constituted to investigate the allegations of the complainant and the enquiry was referred to the ICC on 04.12.2014. The enquiry report of the ICC was submitted to the Chief Executive Officer of FSSAI on 22.06.2015, which found Dr. S.S. Ghonkrorkta to be guilty of the offences charged against him and thereby it was recommended to the Authority to register an FIR against him for offences under Sections 354, 509, 192, 197, 204, 218, 202 and 120B of Indian Penal Code, 1860 (hereinafter “IPC”), apart from taking appropriate disciplinary action against the other officers involved in the misconduct.

4. However, as per the complainant, since the Authority did not take any action against the persons involved in the offence and misconduct, she was compelled to file FIR No.610 of 2018 dated 30.10.2018, in respect of offences punishable under Sections 354, 509, 120B, 192, 197, 204, 218, 202, 468, 471 and 506 of IPC, against Dr. S.S. Ghonkrorkta and Mr. Sunil Kumar Bhadoria. It is pertinent to note that the appellant herein was neither part of the ICC proceedings, nor named in the FIR. Her name surfaced during the statement given by the complainant under Section 164 of the Code of Criminal Procedure (hereinafter “CrPC”) on 14.10.2020.

5. Meanwhile, Dr. S.S. Ghonkrorkta challenged the investigation report of the ICC before the Central Administrative Tribunal, New Delhi (hereinafter “the Tribunal” for short) by filing O.A. No.1505 of 2016, and vide order dated 16.09.2016, the Tribunal directed the respondents therein not to act on the report of the ICC. In the said case before the Tribunal, the complainant was arrayed as respondent No. 6 and the FSSAI was represented by its officials who were arrayed as respondent Nos.3 and 7. The appellant was posted on deputation during the period from 27.04.2016 to 25.07.2019 at the FSSAI, New Delhi. On 12.05.2016, the appellant herein was appointed as the Presiding Officer (PO) of the ICC. In her capacity as the PO of the ICC, she filed a short counter affidavit dated 16.01.2017 on behalf of respondent Nos.3, 6 and 7 therein before the Tribunal. In the said affidavit, the appellant largely defended the findings of the enquiry report submitted by the ICC. However, the complainant later asserted that she had not authorized the appellant to file the counter affidavit on her behalf and that the said counter affidavit was filed without her knowledge and consent. In response, the FSSAI, represented by the respondent Nos.3 and 7 therein, filed a Misc. Application No.1658 of 2017 before the Tribunal, seeking the amendment of the counter affidavit filed by them in O.A. No.1505 of 2016,