MAGONJOY THAOSEN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I. Choudhury, learned Sr. Counsel assisted by Mr. S. Chakraborty, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Sr. Government Advocate, Assam appearing for the respondents.

(2.) By this petition under Article 226 of the Constitution of India the petitioner is assailing the impugned order No.AAP.21/2013/354 dtd. 6/7/2013, whereby prosecution sanction was accorded in respect of the petitioner in R.C. No. RCSHG2011A0005 corresponding to Special Case No. 10/2013 under Ss. 120(B)/420/468/ 471/409 IPC and under Sec. 13(2) read with Sec. 13(1)(c) and (d) of the Prevention of Corruption Act, 1988.

(3.) The brief facts of the case are that the petitioner, who is an ACS Officer, was posted as Project Officer, IJDP under the N.C. Hills Autonomous Council during the period 2006 2007 and on 30/1/2006, he was given additional charge as In-Charge B.D.O., Diyung Valley Development Block, Maibong. Thereafter, on 18/2/2006, he was released from the said additional charge. However, he was once again given additional charge as In-charge B.D.O., Diyung Valley Development Block, Maibong on 9/3/2006. Thereafter, on 9/5/2011, an FIR was lodged, alleging various irregularities in connection with MGNREGA Scheme within the jurisdiction of N.C. Hills Autonomous Council during 2006-2007, wherein the petitioner amongst others was named as an accused. Thereafter, the case was handed over to the CBI and the CBI filed separate charge-sheets against all accused named in the FIR including the petitioner. It is the specific case of the petitioner that though the sanction for prosecution in respect of two coaccused was declined, however, in case of the petitioner, the sanction for prosecution was granted. Situated thus, the present writ petition has been filed.