IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA, J
SATYA PRAKASH – Appellant
Versus
UNION OF INDIA AND ORS. – Respondent
Certainly. Based on the provided legal document, here are the key points:
The petitioner, Satya Prakash, sustained injuries to his left arm while working on a damaged machine at the Government of India Press, Mayapuri, on 23.04.2018. Despite prior warnings and information about the fault, he was compelled to operate the machine (!) (!) .
The injury resulted from the machine suddenly starting while the petitioner was attempting to remove a paper stuck in it, which was reportedly due to mechanical failure and negligence in maintenance by responsible officers (!) (!) .
The petitioner had informed the concerned officers about the defect in the machine, and this was recorded in the Log Book. However, the records regarding the machine’s faults and maintenance were reportedly not available when sought through RTI, and the records were allegedly suppressed or missing (!) (!) (!) .
The investigation revealed that the machine was repaired prior to the incident, and the inspection reports indicated that the machine was in proper working condition at the time of the accident. The records and inspection reports contradicted the allegation that the machine was in a defective state during the incident (!) (!) (!) .
The medical examination of the petitioner showed no permanent disability, and the medical certificates indicated that he did not suffer any lasting impairment or loss of earning capacity. Consequently, his claim for compensation was dismissed (!) (!) .
The legal proceedings involved a challenge to the denial of sanction under Section 197 Cr.P.C. for prosecuting the responsible officers. The court examined whether the officers acted in their official capacity or whether their actions constituted a dereliction of duty that would require prior sanction (!) (!) (!) .
The court emphasized that prosecution of public servants requires that the act be done or purported to be done in the discharge of official duty, and that the act must have a sufficient connection to their official responsibilities. Mere involvement in an act during office hours or holding office does not automatically warrant protection under Section 197 Cr.P.C (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
The court found that the responsible officers, Pramod Kumar and Nishok Kumar Paria, performed their supervisory duties in accordance with their roles and responsibilities, which did not include direct operational control of the machinery at the moment of the incident (!) (!) (!) (!) .
The evidence indicated that the petitioner himself failed to follow standard safety procedures, such as informing the machine operator or switching off the machine before attempting to remove the jammed paper. This procedural lapse was identified as the proximate cause of the injury (!) (!) .
The court concluded that there was no evidence to establish criminal negligence or misconduct by the officers, and that the sanction order had adequately considered all relevant facts, including the absence of any documented defect or prior repair requisition. The order was reasoned and proper (!) (!) .
As a result, the court dismissed the petition, holding that the denial of sanction was justified and that the prosecution could not be initiated without proper prior approval, given the absence of sufficient evidence of culpability on the part of the officers involved (!) (!) .
Please let me know if you need further analysis or assistance.
JUDGMENT
NEENA BANSAL KRISHNA, J.
1. A Writ Petition under Article 226 of the Constitution of India has been filed to challenge the Sanction Order dated 08.02.2023 passed by the Directorate of Printing, Ministry of Housing and Urban Affairs, Government of India, whereby Sanction under Section 197 Cr.P.C. against Pramod Kumar, Technical Officer (Retired), and Nishok Kumar Paria, the then Deputy Manager, Government of India Press, New Delhi, in FIR No. 0059/2018, P.S. Mayapuri, under Sections 287 /337 IPC , has been declined, and further to seek directions to grant Sanction for the prosecution of the two Accused in the said FIR.
2. The brief facts are that the Petitioner was was working as a Machine Attendant, in the Government of India Press, Mayapuri, New Delhi. On 23.04.2018, he was working on the Printing Machine which was in a damaged condition, information regarding which had already been sent by him to the concerned Officers many days prior to the accident. On 23.04.2018, the Petitioner had informed Technical Officer Pramod Kumar and Nishok Kumar Paria, the then in-charge of the second shift, about the fault. Not only the Petitioner, but even other workers, namely Yogeshwar Mah
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.