This reference is from the Addi­tional Deputy Commissioner of United Khasi-Jain-tia Hills in connexion with the prosecution of ac­cused Nagendra Nath Datta Choudhury in G. R. Case No. 49 of 1954 of the Magistrate's Court at Shillong. The case for the prosecution is that while the accused v/as serving as an Accountant in the Pasteur Institute at Shillong in the year 1949 had misappropriated a sum of Rs. 430/- which re­presented the fund of the Pasteur Institute. The case was started on an information lodged with the police by the Director of the Pasteur In­stitute who investigated the matter and filed a charge-sheet. The misappropriation is alleged to be detected in the year 1954 when the accused was re-employed after superannuation and working in the Pasteur Institute. The prosecution had already examined six witnesses and a charge has been framed against the accused Nagendra Nath Datta Choudhury under S. 409, Indian Penal Code as he is alleged to have defalcated this amount after being entrusted with the fund or having dominion over the same in his capacity as an Accountant in the Pasteur Institute, that is, as a public servant. The defence raised an objection to the effect that no prosecution of a Government servant un­der S. 409, Indian Penal Code is competent with­out obtaining a sanction as provided under S. 197 or the Criminal Procedure Code, which objection the learned Magistrate refused to give effect to mainly on the ground that it was belated. The learned Additional District Magistrate being moved against the said order has made the present reference to this court for a decision as to whether the sanction is necessary for the pur­pose of prosecuting the accused under S. 409, In­dian Penal Code. It appears that even some of the P. Ws. have been cross-examined. (2) In view of the several decisions of the Supreme Court, it now appears that the sanction is essential in the circumstances of the case for prosecution of a public servant for criminal breach of trust in his capacity as such. The learned senior Government Advocate appearing for the State does not oppose the reference. After hearing both the parties I am satisfied that a sanction as contemplated under S. 197, Cri­minal Procedure Code is necessary and the prose­cution of the accused Nagendra Nath Datta Chou-dhury under S. 409,1. The learned senior Government Advocate appearing for the State does not oppose the reference. After hearing both the parties I am satisfied that a sanction as contemplated under S. 197, Cri­minal Procedure Code is necessary and the prose­cution of the accused Nagendra Nath Datta Chou-dhury under S. 409,1. P. Code or for allied offences will be competent only after obtaining such sanc­tion from proper authorities. The reference is ac­cepted. Records to go down immediately. V.B.B. Reference accepted.