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Head Note

Prevention of Corruption Act,1988  - Section 19

Retired Public Servant - Sanction to Prosecute - The public servants in question had retired on 13.12.2023 and 30.04.2024 - The sanction to prosecute them was rejected subsequent to their retirement i.e. first on 13.09.2023 and later on 24.09.2023 - The public servants having retired from service there was no occasion to consider grant of sanction under section 19 of the POC Act - Appeal filed by the State partly allowed -The stand taken by the appellant in the petition not approved - The prosecution cannot keep waiting till a public servant retires and then choose to file charge-sheet against him after his retirement, thereby setting at naught the protection available to him under Section 19 of the POC Act.

Topic(s)-Prosecute - Retired Public Servant - No sanction required for corruption

Important Decision(s)- 

• Sanction to Prosecute - Retired Public Servant - No sanction required for corruption case but required for case under IPC