All HC | In case a public servant has retired, there is no necessity to seek prior prosecution sanction for prosecuting him

Allahabad High Court: Dinesh Kumar Singh, J. dismissed the revision petition on the ground that the impugned order did not suffer from any infirmity.

In the instant case, the Basic Education Officer had opened an account by the name of Akhilesh Singh, the Principal of Maharana Pratap Junior High School in which scholarship amount was withdrawn. It was found in the FIR. that the name of the Principal was forged; rather the photo of Gopal Singh was affixed on the said account. Further, it was found that the school wasn’t in existence. The revisionist was found prima facie liable for the misappropriation of scholarship funds and also for causing loss of records.

The issue was whether the impugned order was rightly dismissed by the Special Judge or does it require any interference by the court in revision jurisdiction.

Saroj Kumar Dubey, arguing on behalf of the revisionist contended that no offence was made out on the basis of documentary evidence. It was required to get a valid prosecution sanction under Section 19 of the Prevention of Corruption Act for prosecuting a public servant. It was argued that the revisionist having retired from service, there was no requirement of prosecution sanction under Section 19 of the said act.

Relying on the Judgment of Chittaranjan Das v. State of Orissa, (2011) 7 SCC 167, the Court held that in case a public servant had retired, there was no necessity to seek prior sanction for prosecuting him. The impugned order didn’t suffer from any infirmity.[Shyam Bihari Tiwari v. State of Uttar Pradesh, Criminal Revision No. 3155 of 2019, decided on 11-11-2019]

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