PREVIOUS SANCTION NECESSARY FOR PROSECUTION UNDER SECTION 19 AGAINST THE PUBLIC SERVANT .

Under section 19 of the prevention of corruption Act ,1988 ,it is necessary for the prosecuting authority to have the previous sanction of the appropriate Administrative authority for launching prosecution against the public servant and for the ready reference the text of the section is reproduced as below ."19 previous Sanction necessary for prosecution:-- (1) No court shall take cognizance of an offence punishable under section 7,10,11,13 and 15  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 of that government.(b) in the case of a person who is employed in connection with the affairs of a State and is not removable from his office save by or with the sanction of the State Government, of that state government.(c)  in the case of any other person , of the authority competent to remove him from his office .(2) Where for any reason whatsoever any doubt arises whether the previous sanction as required under sub - section (1) should be given by the central government or state government or any other authority , such sanction shall be given by the government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed .