SUKH LAL YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) By means of the instant writ petition, the petitioner is challenging the correctness and validity of the sanction order dated 31.08.2019 passed by the respondent no.3-Managing Director, U.P. Rajkiya Nirman Nigam Ltd., Lucknow contained in Annexure no.1 to the writ petition, whereby prosecution sanction for prosecuting the petitioner under Sections 409/120B I.P.C. and under Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988, has been granted. He has also challenged the report prepared by the Lokayukta, U.P. contained in Annexure No.2 to the writ petition. He has also sought a writ of mandamus restraining the respondents not to further proceed with the matter on the basis of the impugned inquiry report of the Lokayukta, Uttar Pradesh and order dated 31.08.2019.

(2.) The brief facts of the case are that in the year 2007, the State Government took a decision for construction of memorials and parks in Lucknow and NOIDA. In pursuance thereof, a three Members Committee consisting of Managing Director of U.P. Rajkiya Nirman Nigam Ltd., Lucknow, the Director, Department of Geology and Mining and its Joint Director, was constituted for the purposes of ascertaining the sufficiency of pink stones in the Ahraura region of District Mirzapur. The Committee, after due inquiry, found that pink sandstone is available in sufficient quantity. Thereafter, another Committee of seven officials including three officers of earlier Committee submitted its report indicating therein that it is not feasible to obtain approximately 2.00 Lakh cubic feet of sandstone from single area and such supply should be obtained from a number of lease areas and it was further recommended that a consortium of lease holders should be constituted for the purposes of entering into an agreement regarding supply of sandstones.

(3.) The work in question was done upto 2011 and, thereafter, on some complaint, the matter was referred to Lokayukta by the State Government for inquiry into the matter. As per provisions of the Uttar Pradesh Lokayukta & Up-Lokayuktas Act, 1975 (hereafter referred to as "Act, 1975" for the sake of brevity), the inquiry was conducted without giving any proper opportunity of hearing to the petitioner and the Lokayukta submitted an inquiry report to the State Government vide its letter no. 2115-2012/87/2064 dated 20.05.2013. On the basis of the aforesaid inquiry report of Lokayukta, the State Government took a decision for lodging an F.I.R. and also ordered for investigation of the same by the Vigilance Establishment.