- (1.) Leave granted.
(2.) Heard learned counsel for the parties.
(3.) The point that arises for consideration in this appeal is whether in case of a retired public servant, previous sanction of the government is required before the court can take cognizance of the offence under the Jandk Public Servants Prevention of Corruption Act, 1975. Section 6 of that Act reads as under: "6.Previous sanction necessary for prosecution.-No court shall take cognizance of an offence punishable under Section 161 or Section 164 or Section 165 or Section 167-A other State Ranbir Penal Code, Samvat 1989 or under Ss. (2 or section (3 of Section 5 of this Act, alleged to have been committed by a public servant except with the previous sanction: (a) in the case of a person who is employed in connection with the affairs of the State and is not removable from his office save by or with the sanction of the government; (b) in the case of any other person, of the authority competent to remove him from his office; * * *";