By the Court—The Division Bench after hearing the aforesaid matter, delivered two different opinions on the question of requirement of sanction under Section 197 of Criminal Procedure Code, 1973 (in short the Cr.P.C), and has referred the questions to be answered by the Full Bench. The basic issue relates to the requirement of sanction by the State Government under Section 197, Cr.P.C. for prosecuting a serving public servant under the provisions of Prevention of Corruption Act, 1988 (in short ‘the Act of 1988’) as well as the Indian Penal Code, when sanction under Section 19 of the Act of 1988 has been granted by the Central Government. Whether in such case, a further sanction under Section 197, Cr.P.C. will also be necessary, and if so, the effect of the absence thereof.

2. In order to appreciate the issues arising in the case, it is necessary to examine the facts of the case upon which the issues have arisen.

3. The petitioners, Smt. Neera Yadav and Shri Rajiv Kumar are members of the Indian Administrative Service of U.P. cadre. Smt. Neera Yadav was posted as Chairman and Chief Executive Officer, New Okhla Industrial Development Authority (in short NOIDA) vide order dated