ORDER

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 J&K 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 of the State Ranbir Penal Code, Samvat 1989 or under sub-section (2) or sub-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;

* * *"

4. This Court in Kalicharan Mahapatra v. State of Orissa ((1998) 6 SCC 411 : 1998 SCC (Cri) 1455) has held that if a public servant ha