State vs. B. T. Ramesh 2025 INSC 840 - Karnataka Civil Services Rules - CrPC
Code of Criminal Procedure 1973 ; Karnataka Civil Services Rules, 1958 - Rule 214 - Rule 214 cannot be read in a manner so as to have the effect of whittling down the powers conferred on the investigative agencies by Part XII of the Cr. PC or the relevant magistrate under Chapter XIV thereof. Even without an order/action for withholding or withdrawing pension, an investigation of a cognisable offence punishable under the IPC or the PC Act or any analogous law is not barred either under Rule 214 or by any other statutory intendment- In a particular case, the Government could find itself disabled to withhold or withdraw pension owing to the timelines creating a bar, but that per se cannot be seen as reason enough for stifling an otherwise valid investigative process including submission of police report in terms of the provisions of the Cr. PC., or for taking cognisance of the offence, once such report is submitted. (Para 17)
Karnataka Civil Services Rules, 1958 - Rule 214 -The policy behind Rule 214 is that a pensioner’s entitlement to pension is contingent upon a clean record, both during and after service. This rule seeks to ensure that a pensioner does not go scot-free despite having indulged in misconduct or criminal activity while in service or even after quitting service (as future good conduct is a condition for continuous entitlement to pension). The need for a clean record is, thus, essential. Needless to observe, the scope of Rule 214 extends beyond corruption-related crimes, enabling withholding or withdrawal of pension for any offence punishable under the law. The timelines in Rule 214, as embodied, would bear significance to ensure that no pensioner is unnecessarily harassed or made to wait indefinitely for release of the whole of his pension and other retiral benefits owing to institution/pendency of disciplinary/judicial proceedings in relation to events of the distant past. (Para 17)
Interpretation of Statutes - It is an acknowledged art of interpretation of statutes to harmonise the textual meaning of a particular provision with its contextual significance; and, to gain a deeper insight, the interpreter may uncover the underlying policy for the same to be codified. (Para 15)
Code of Criminal Procedure 1973 - Section 197 - The acts of commission of offence in the discharge of official duties by a public servant, punishable under the IPC and the PC Act, have obviously to be dealt with firmly. But Section 197, Cr. PC contemplates protection to responsible public servants against institution of possible vexatious criminal proceedings alleged to have been committed by them while acting or purporting to act as public servants. Protection under Section 197, Cr. PC extends both to serving as well as retired public servants. Prior to taking cognisance of offences punishable under the IPC, sanction ought to have been obtained. (Para 20)
Case Info
Case Name and Neutral Citation
- Case Name: State by Deputy Superintendent of Police vs. B. T. Ramesh & Anr.
- Neutral Citation: 2025 INSC 840
Coram
- Justice Dipankar Datta
- Justice Manmohan
Judgment Date
- Date: 14 July 2025
Caselaws and Citations Referred
- Mohamed Haneef v. Thirthahalli Police1985 SCC OnLine Kar 203
- A.K. Chowdekar v. State of Karnataka2013 SCC OnLine Kar 10754
- State of Punjab v. Kailash Nath(1989) 1 SCC 321 : AIR 1989 SC 558
- State of Karnataka v. P. Giridhar Kudva2020 SCC OnLine Kar 5723
- A. Srinivasulu v. State of T.N.(2023) 13 SCC 705
Statutes / Laws Referred
- Constitution of India (Articles 226 and 227)
- Code of Criminal Procedure, 1973 (Section 482, Section 197)
- Indian Penal Code, 1860 (Sections 420, 406, 409, 465, 468, 471, 477(a), 120B)
- Karnataka Transparency in Public Procurement Act, 1999 (Section 23)
- Prevention of Corruption Act, 1988 (Sections 13(1)(c), 13(1)(d), 13(2), Section 19)
- Karnataka Civil Services Rules, 1958 (Rule 214)
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 531)
Suggested Readings:
