STATE (SPE HYDERABAD) vs AIR COMMODORE KAILASH CHAND

The Supreme Court held that the respondent, a retired Air Force officer reemployed and later transferred to the Regular Air Force Reserve, remained a public servant under Section 21 IPC, thus requiring sanction for prosecution under Section 5(2) of the Prevention of Corruption Act, 1947. The Court dismissed the appeal, affirming that the Special Judge had jurisdiction to take cognizance of the offences as the respondent was still a public servant at that time. The judgment referenced S. A. Venkataraman v. The State and State of West Bengal v. Manmal Bhutoria.