An FIR was registered against the appellant with the allegations that he, while working with the Maharashtra Housing and Area Development Authority, made false allotment of premises to various persons, under his signatures and issued rent receipts so that the said a!lottees could claim that they were in possession of the tenements though, in fact, the said tenements were vacant and were not in possession of MHADA; and thereby committed offences punishable u/ss 420, 465,466A67 ,468 and 471 IPC, The appellant filed an application before the trial court for his discharge in terms of s.228 of the Code of Criminal Procedure, 1973 primarily on the grounds that no sanction for his prosecution was obtained and that in view of Rule 27 of the Maharashtra Civil Services {Pension) Rules, 1982, the proceedings could not have been initiated after his retirement. The trial court rejected the application holding that the complaint was filed before the retirement of the accused, and, therefore, r.27 of the Pension Rules had no application; and that since the acts committed by the accused did not fall within the ambit of official duty, question of sanction u/s 197 Cr.P.C. did not arise. The High Court also dismissed the petition of the accused holding that when cognizance was taken, the accused had ceased to be a public servant.
