DECISION ' This is a revision against the order of the Labour Court issuing process under section 25-A (8), I. R.
0. Against the applicant on complaint filed by respondent No, 2.
2. The main question involved in this case is that the applicant is a Government servant and he could not be prosecuted without the sanction of the Government and, therefore, the complaint against him was not maintainable as the act for which the prosecution was launched was purported to be in discharge of the function of the applicant as a Government servant. To support this contention, the authority of the Lahore High Court in the case of Mohammad Ismail v. Mian Fps Ahmed, was quoted. I fully agree with the contention. Section 197 of the Cr. P. C. Is a bar to the prosecution of a' Government servant without prior A sanction of the Government. In this case no sanction was obtained and, therefore, the complaint was not maintainable. The respondent No, 2 failed to point out any authority to the contrary.
3. I, therefore, allow the revision application and dismiss the complaint filed by respondent No, 2. 1970 PLC 404