The Allahabad High Court has held that after the 2018 amendment to the Prevention of Corruption Act, 1988, prior sanction under Section 19 is mandatory before a court takes cognizance against a public servant, even if that person has retired. The ruling (2026:AHC:202086) was delivered by Justice Nand Prabha Shukla and reported in late September 2026. It concerned a former Vice-Chancellor of a state university in Agra prosecuted after a vigilance enquiry.
What was decided
An FIR was registered on 4 September 2018 under the IPC and the PC Act, and a supplementary charge-sheet was later filed under Section 7 of the PC Act (as amended in 2018). The Special Judge (Anti-Corruption), Meerut took cognizance. The prosecution had sought sanction in May 2024, but it was declined on the ground that the person had already retired.
The Court held that the Prevention of Corruption (Amendment) Act, 2018, in force from 26 July 2018, applies to cognizance taken after that date. Under the amended Section 19, sanction is required for a person who is or was a public servant at the time of the alleged offence. Taking cognizance without sanction, and refusing sanction only because of retirement, caused a failure of justice.
The application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) was allowed, the cognizance order was set aside, and the matter was remitted with a direction to obtain fresh sanction under the amended Section 19 within six weeks.
Why it matters
Before 2018, the general view was that no sanction was needed once an officer had left service. The amendment changed that, and this ruling confirms that UP special courts must insist on sanction for retired officers where cognizance is taken after 26 July 2018.
This matters for retired IAS, PCS, university, development-authority and PSU officers who face vigilance cases years after leaving office. It also matters to agencies, because a defect in sanction can send the case back to the start of the cognizance stage.
Practical points
- Note the date of cognizance; it decides whether the amended Section 19 applies.
- Check whether sanction was sought from the authority competent to remove the officer at the time of the alleged offence.
- A refusal of sanction on the sole ground of retirement may itself be open to challenge.
- Remedies against a cognizance or summoning order now lie under Section 528 BNSS before the High Court.
Sources: Verdictum, 28 September 2026.
For a confidential discussion on prosecution sanction under the PC Act, see Prevention of Corruption Act, CBI and vigilance matters.
General legal information only; not legal advice or solicitation.
