JUDGMENT

B.N. Agrawal, J.-In this appeal by Special Leave, order passed by Sikkim High Court, in Criminal Revision Application dismissing the same after holding that no sanction under Section 197 of the Code of Criminal Procedure, 1974 (hereinafter referred to as the "Code" ) is required for prosecution of the appellant and thereby upholding order passed by the Special Judge refusing to drop the prosecution in the absence of sanction under Section 197 of the Code, has been impugned.

2. A First Information Report was lodged for prosecution of Shri Nar Bahadur Bhandari, the then Chief Minister of Sikkim, and the appellant who was the then Secretary of Rural Development Department, Government of Sikkim, besides certain contractors under Sections 120-B of the Indian Penal Code read with Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the "1947 Act") which correspond to Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "1988 Act") and the prosecution case, in short, was that during the year 1983-84, the State Cabinet of Sikkim decided to implement 36 Rural Water Su