VIGILANCE MANUAL VOLUME III - AP Online

448 DECISION -191
(1) by producing the original sanction which itself contains the facts
constituting the offence and the grounds of satisfaction or (2) by
adducing evidence aliunde to show that the facts placed before the
sanctioning authority and the satisfaction arrived at by it.
(191)
Public Servant
Chief Minister or Minister is a public servant within
the meaning of section 21 Indzian Penal Code.
M. Karunanidhi vs. Union of India,
AIR 1979 SC 898
The appellant was a former Chief Minister of Tamilnadu. A
criminal case was registered against him and investigated by the
Central Bureau of Investigation and a charge sheet was laid before
the Special Judge for Special Police Establishment Cases under sec.
161 IPC (corresponding to sec.7 of P.C.Act, 1988), secs. 468 and
471 I.P.C. and section 5(2) read with section 5(1)(d) of the Prevention
of Corruption Act, 1947 (corresponding to sec.13(2) read with sec.
13(1)(d) of P.C.Act, 1988) after obtaining sanction of the Governor of
Tamilnadu under section 197 Cr.P.C. The appellant filed an
application before the Special Judge for discharging him on the ground
that the prosecution suffered from various legal and constitutional
infirmities. On the Special Judge rejecting the application, the
appellant filed two applications in the High Court for quashing the
proceedings and setting aside the order of the Special Judge, and
the High Court rejected the applications. He then approached the
Supreme Court.
One of the contentions raised by the appellant before the
Special Judge, the High Court and before the Supreme Court was
that the appellant being the Chief Minister was not a public servant,
that there was no relationship of master and servant between him
and the Government and he was acting as a constitutional functionary