The Supreme Court of India, in State of Punjab v. Labh Singh [ (2014) 16 SCC 807], has categorically held that prior sanction to prosecute a public servant for offences under the Prevention of Corruption Act, 1988 (PC Act) is not required, if the accused public servant had already retired from service on the date on which the Court takes cognizance of the offence.
In Station House Officer, CBI/ACB/Bangalore v. B.A. Srinivasan and Another [2020 (2) SCC 153], the Supreme Court reiterated this legal position.
The Bombay High Court in Shamkant Dattatraya Thombre v. The State Of Maharashtra and Another (2026), reiterated that the public servants having retired from service there was no occasion to consider grant of sanction under Section 19 of the PC Act and that sanction to prosecute the public servant for the offences under the PC Act is not required if the public servant had already retired on the date of cognizance by the Court.
In Ghulam Rasool Baba v. Principal Secretary to Govt & Another [2025:JKLHC-SGR:361], the Jammu and Kashmir and Ladakh High Court held that that the statutory protection of prior sanction for prosecution under the Prevention of Corruption law is available only so long as a public servant remains in service, and no sanction is required once the official has demitted office or retired.
Sanction Required only When the Accused Remains in Service
The statutory protection of prior sanction for prosecution under the Prevention of Corruption Act, 1988 is available only so long as the accused continues to hold the status of a public servant and remains in service.
The sanction contemplated under Section 19 of the PC Act is mandatory only if the accused public servant continues to be a public servant at the time when the Court takes cognizance of the offence. However, if he has ceased to be a public servant by that time, the Court is competent to take cognizance of the offence without obtaining such prior sanction. The protection afforded under Section 19 of the PC Act is not available to a retired public servant.
No Previous Sanction Needed for A Retired Person
Thus, on a plain reading of Section 19 of the PC Act, it is manifest that no previous sanction is necessary for the prosecution of a person for an offence alleged to have been committed under the PC Act, if such person has ceased to be a public servant at the time of taking cognizance by the Court.
