VED PRAKASH CHOURE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition under article 226 of the Constitution of India the petitioner has prayed for issuance of writ of mandamus quashing the sanction order dated 23.6.2011 (Annexure P -3) passed by the respondent No. 4 -Additional Secretary, Law and Legislative Department, Govt. of Chhattisgarh, Raipur. As per averment made in the writ petition and submissions made by the learned counsel for the petitioner, the petitioner was posted as Sub -Engineer in the office of the Chief Executive Officer, Rural Engineering in the office of the Chief Executive officer, Rural Engineering Services Department, Gunderdehi, District Durg. The offence punishable under Section 7, 13(1) and 13(2) of the Prevention of Corruption act, 1988 (for short 'the Act of 1988') was registered and investigated against the petitioner. Sanction for prosecution dated 23.6.2011 has been issued by the respondent No. 4, who is not competent to accord sanction or remove the petitioner from his office. The authority Competent to accord sanction and to remove the petitioner form his office is the Commissioner of the Rural Engineering Services Department. Sanction accorded by the respondent No. 4 is without jurisdiction and on the aforesaid ground quashment of the sanction in question has been prayed for.

(2.) HEARD learned counsel for the parties and perused the sanction order dated 23.6.2011, memos dated 26.5.2003 and 5.6.2006.

(3.) ON the other hand, learned State counsel vehemently opposes the petition and submits that the petitioner was the employee of Panchayat and Rural Department, a department of the State, and the authority to remove the petitioner is the authority under the department, and being a department of the State, the State Government is also competent to remove the petitioner or accord sanction. Sanction in question has not been accorded by the respondent No. 4 but the same has been accorded by the state Government through its officer and thus the sanction has been accorded by the authority competent to accord sanction.