Jammu and Kashmir High Court Rules No Sanction Needed for Prosecution of Retired Officials in Corruption Cases Ghulam Rasool Baba's plea dismissed; court affirms charges against ex-public servants under J&K Prevention of Corruption Act
In a significant judgment delivered on December 19, 2025, the Jammu and Kashmir High Court, Srinagar Bench, presided by Justice Sanjay Dhar, dismissed the petition filed by Ghulam Rasool Baba challenging his prosecution in a corruption case. The court clarified that protection under Section 6 of the J&K Prevention of Corruption Act, 1988, which requires sanction for prosecution, is not applicable to public servants who have retired or superannuated from service.
The case arose from FIR No.40/2000 registered with the Police Station Vigilance Organisation, Kashmir, involving allegations of fraudulent financial drawals and manipulation of records by several officials during their tenure as Block Medical Officers at Beerwa. The petitioner, Ghulam Rasool Baba, was accused of facilitating illegal drawals of Leave Travel Concession (LTC) and other fraudulent financial activities amounting to Rs. 6,99,880, by abusing his position as Accounts Officer in the Directorate of Health Services, Kashmir.
Justice Dhar highlighted that the Supreme Court's precedent in Station House Officer, CBI/ACB v. B. A. Srinivasan (2020) affirms that sanction for prosecution is not required once a public servant retires. He further stated that the trial court correctly framed charges against Baba and others based on prima facie evidence collected during the investigation.
The court also addressed the petitioner's concerns regarding the delay in trial proceedings, emphasizing that the delays were not due to actions of the court or prosecution but were circumstances beyond their control, including health issues of co-accused and procedural references to higher courts.
Ultimately, the court found the petition devoid of merit and ordered the continuation of the trial proceedings as per law, sending a strong message on accountability and the limitations of legal protections post-retirement.
Bottom Line:
Prosecution of a retired public servant under the J&K Prevention of Corruption Act does not require prior sanction for prosecution, as protection under Section 6 of the Act is available only during the tenure of service.
Statutory provision(s): J&K Prevention of Corruption Act, 1988 Section 6, Articles 226 and 227 of the Constitution of India, Sections 5(1)(c)(d), 5(2) of J&K PC Act, Sections 120-B, 467, 468, 409 RPC.
