(1.) The Petitioner is presently serving as Executive Engineer in the Public Works Department of the State of Chhattisgarh. In this writ petition, he has assailed the validity of the order of the Government of Chhattisgarh State dated 05.04.2006 passed in exercise of the power conferred under Section 19(1) of the Prevention of Corruption Act, 1988 (for short 'the POC Act') and Section 197 of the Code of Criminal Procedure, 1973 (for short 'the Code of Criminal Procedure) according sanction for prosecution of the Petitioner. The Petitioner has also sought for quashing of the charge sheet dated 15.06.2006 filed by the Inspector, Anti Corruption Bureau, Bastar Region, Jagdalpur in the Court of Special Judge (Prevention of Corruption Act), Dantewara, (Chhattisgarh) against the Petitioner alleging commission of offence under Sections 13(1)(d) and 13(2) of the PoC Act read with Section 120-B of the Indian Penal Code in Crime No. 24/99. The Petitioner has only produced the sanction order dated 05.04.2006 and he has not produced the charge sheet dated 15.06.2006.
(2.) The material part of the sanction order dated 05.04.2006 reads as follows: .......[VERNACULAR TEXT OMMITED]......
(3.) The Sanctioning Authority, i.e., the Government of Chhattisgarh State having referred to the materials placed before it has recorded a finding to its satisfaction that the complained act on the part of the Petitioner tantamounts to criminal misconduct within the meaning of Section 13(1)(d) of the PoC Act which is punishable under Sub-section (2) of Section 13 of the PoC Act. On the basis of the above satisfaction, the Government of Chhattisgarh State has accorded the sanction under Section 19(1) of the PoC Act and Section 197 of the Code of Criminal Procedure.