OM PRAKASH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) OM Prakash tripathi, the petitioner, a Regional Employment Officer, allahabad, has questioned the validiy of sanction order No. CM-96/36-5-2007-1 (28)/06 dated 28-11-2007 accorded by the Governor, State of Uttar Pradesh, and communicated by the Chief Secretary, by which sanction has been accorded by the sanctioning authority to prosecute the petitioner for offences under Sections 13 (1) (d)read with Section 13 (2) Prevention of corruption Act 1988 (hereinafter referred to as the 'act')along with Section 5 (1) of Uttar pradesh (Reservation of Scheduled Castes, scheduled Tribes and Other Backward classes) Act 1994 (U. P. Act No. 4 of 1994)relating to police station cantt/sadar district Gorakhpur.

(2.) A resume of background facts resulting in filing of this petition are briefly stated hereinafter.

(3.) THE petitioner joined his services as regional Employment Officer in 1981 and since then he is working on the said post and is presently posted in Allahabad. While he was posted in district Gorakhpur a first information report, annexure No. 1, was registered against him on 24-10-2003, as Crime no. 1619 of 2003 under Sections 13 (1) (d)read with Section 13 (2) of Prevention of corruption Act, 1988 (Act No. 49 of 1988) as well as under Section 5 (1) of U. P. Public services (Reservation for Scheduled Castes, scheduled Tribes and Other Backward classes) Act 1994, at Police Station Cantt, district Gorakhpur. The charges which were levelled against the petitioner were that in between the period 3-11-1997 to 3-12-1998, he made fifty-five appointments of Class III and Clas IV employees of sweepers and chowkidars ignoring provisions of Act No. 4 of 1994 and the instructions issued by the government and hence all those appointments were illegal and thereby he has committed aforementioned offences.