[Criminal Appeal No. 456 of 2014 arising out of S.L.P.(Criminal) No. 9999/2011]. The appellant along with two others were sought to be prosecuted under Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'PC Act'). The allegations pertain to the irregularities in the award of the contract and construction of administrative building for the Corporation of Ujjain during the period 1991-1993. At the relevant time, the appellant was working as the Assistant Engineer in the Corporation and the Corporation was ruled by an Administrator. In the case of the co- accused Shri D.L. Rangotha, the then Commissioner of the Municipal Corporation and Shri D. P. Tiwari, the then Administrator of the Corporation, the State Government and the Central Government respectively had declined to grant sanction, while they were in service. Since the prosecution was sought to be launched after their retirement, the same was challenged before the trial court and the High Court unsuccessfully. However, by order dated 21.08.2013, in Criminal Appeal No. 1213 of 2013 and Criminal Appeal No. 1214 of 2013, this Court quashed the proceedings for prosecution against Shri D.L. Rangotha and Shri D. P. Tiwari on the ground that once sanction for prosecution is refused by the competent authority while the officer is in service, he cannot be prosecuted after retirement notwithstanding the fact that no sanction for prosecution under the PC Act is necessary after the retirement of a public servant.
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