Retired public servant prosecution under anti-corruption law continues; prior sanction is unnecessary if cognizance follows retirement.

A public servant who allegedly committed offences under the Prevention of Corruption Act, 1988 remains liable to prosecution after retirement because criminal liability depends on status at the time of the offence, not continued service. Section 19(1) sanction is required only if the accused is still a public servant when the court takes cognizance; if cognizance is taken after retirement, previous sanction is not needed. The distinction from Section 197 CrPC is maintained because corruption offences are not acts done in discharge of official duty.

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Issues: Whether a person who allegedly committed offences under the Prevention of Corruption Act, 1988 while serving as a public servant can be prosecuted after retirement, and whether previous sanction under Section 19(1) is required when such person has ceased to be a public servant before cognizance is taken.

Analysis: The definition of "public servant" in Section 2(c) does not extend to a person who has ceased to hold that office, but the liability for an offence under the Act depends on the accused being a public servant at the time of commission of the offence. The Act contains no indication that criminal liability vanishes on retirement. Section 19(1), like the corresponding provision in Section 6(1) of the earlier Prevention of Corruption Act, 1947, was construed to require sanction only where the accused continues to be a public servant when the court takes cognizance. The distinction between Section 197 of the Code of Criminal Procedure, 1973 and Section 19(1) of the Act was maintained, since corruption offences are not acts done in discharge of official duty. Earlier authorities were followed to hold that retirement does not bar prosecution and that sanction is unnecessary if cognizance is taken after the accused has ceased to be a public servant.

Conclusion: A retired public servant remains liable to be prosecuted for offences committed while in service, and no previous sanction under Section 19(1) is required if he is no longer a public servant when cognizance is taken.

Ratio Decidendi: For offences under the Prevention of Corruption Act, 1988, prior sanction is required only if the accused is still a public servant at the stage of cognizance; retirement before cognizance removes the sanction requirement but does not extinguish criminal liability.

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