ORDER

A.M. Ahmadi, CJI.- Special leave granted.

2. Two questions were raised before the High Court, namely, (i) whether sanction under Section 197 (1) of the Code of Criminal Procedure (hereinafter called the Code) was required for the prosecution under the Prevention of Corruption Act, 1947, and (ii) whether sanction under Section 6 of that Act was a pre-requisite for the prosecution of an accused public servant under Section 5 thereof even when such public servant had ceased to be a public servant on the date of taking cognizance of the offence by the Special Judge? In order to appreciate the exact point arising in this case and raised in this appeal, it is necessary to refer to the charge framed by the learned Enquiry Commissioner and Special Judge, Thiruvananthapuram. The charge framed is in two parts. The first part is to the effect that the accused Shri R. Balakrishna Pillai while functioning as Minster for Electricity, Government of Kerala, between May, 1982 and 5.6.1985 and his co-accused while functioning as Technical Member/Chairman of the Kerala State Electricity Board, Thiruvananthapuram, between 1.2.1984 and 30.11.1985, in their capacity as such public servants during th