STATE Vs. SUMAN MALA

JUDGEMENT

(1.) WE have heard Mr. B.S. Salathia, learned Addl. Advocate General for the petitioner and Mr. P.N. Raina, Advocate, learned counsel fro the respondent in extenso.

(2.) THIS reference has been made by the learned Single Judge framing the following substantial question of law:

(3.) MR . B.S. Salathia, learned Addl.Advocate General submitted at the out -set that Kendriya Vidyalaya Sangathan is a society registered under the Societies Act. Its employees are not covered under clause 11 and as such no sanction is required for their prosecution under Section 6 of the Prevention of Corruption Act. According to Mr. Salathia, accused No. 2 Suman Mala was not a public servant within the meaning Section 21 of Ranbir Penal Code and as such, sanction to prosecution is not necessary.