GOPIKANT CHOUTHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The short question that arises for consideration in these appeals is whether the impugned order of sanction for prosecution given by the Chief Minister can at all be sustained in law.

(3.) The appellant was serving as Executive Engineer and the allegation is that in respect of some work a sum of Rs. 2,750. 00 was paid in excess to the contractor. Mr. B. B. Singh, learned counsel for the State of Bihar submitted that the non-discharge of the duty by the Executive Engineer in accordance with the rules is the gravamen of the charge and not the excess amount which ultimately can be said to have been paid to the Contractor.