B S BISORIA Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission.

(2.) By filing this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 30.05.2013 (Annexure P-6) passed by first respondent-Secretary, Law and Legislative Department, Government of M.P., Bhopal granting sanction for prosecution against the petitioner for the offence under Sections 7, 12, 13 (1) (d) and Section 13 (2) of the Prevention of Corruption Act read with Section 120 B of the Indian Penal Code.

(3.) Shri A.K. Sethi, learned counsel for the petitioner argued that since the petitioner's appointing/disciplinary authority had refused to grant sanction vide order dated 02.05.2013 (Annexure P-4), the Law Department could not have granted sanction for his prosecution, even if the powers have been conferred upon the Law and Legislative Department for granting permission for prosecution as per the Rules of Business framed in exercise of powers conferred under Article 166 of the Constitution of India. He also argued that merely during investigation the co-accused Mukesh Sharma disclosed that he had taken the bribe for the petitioner and, therefore, on that basis itself the petitioner could not have been implicated in the matter and as such the impugned order of sanction be quashed.