Koshy, J.

Whether Secretary of the Vigilance Department can grant sanction under section 6 of the Prevention of Corruption Act, 1947 for taking cognizance of offences against officers who are working under other departments is the question of law referred by the learned single Judge in these appeals. In all these cases charge sheets were issued before the introduction of the Prevention of Corruption Act, 1988 and charges were framed under the Prevention of Corruption Act, 1947 (hereinafter referred to as ‘the Act’).

2. Section 6 of the Act reads as follows:

“6. Previous sanction necessary for prosecution.--- (1) No court shall take cognizance of an offence punishable under Section 161 or section 164 or section 165 of the Indian penal Code or under sub-section (2) or sub-section (3A) 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 Union and is not removable from his office save by or with the sanction of the Central Government;

(b) in the case of a person who is employed in connection with the affairs of a State and is not remova