MOHAMMED IQBAL BHATTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Articles 226/227 of the Constitution of India, for issuance of a writ in the nature of certiorari for quashing the order dated September 30, 2004, copy Annexure P3, vide which the sanction to prosecute the petitioner has been granted which had been earlier refused.

(2.) THE brief facts which need to be noticed are that the petitioner was appointed as a Block Development and Panchayat Officer on June 27, 1985. He was further promoted as District Development and Panchayat Officer in the year 1996. It has been averred that throughout his career of 20 years, no complaint had ever been made against the petitioner and that the work and conduct of the petitioner has always been found to be good.

(3.) IN the meanwhile, the Vigilance Bureau had moved the department for seeking necessary sanction for prosecuting the petitioner as required under Section 19 of the Act. The matter was taken up with the concerned quarters and that the petitioner had again submitted detailed submissions in writing and the authorities came to a finding that the petitioner was absolutely innocent and that there were grave lacunae in the inquiry conducted by the Vigilance Department. Upon consideration of the totality of the facts and circumstances spelt out from the record as also the written submissions made by the petitioner, a detailed order dated 15.12.2003, had been passed by the Special Secretary Government of Punjab Department of Rural Development and Panchayat, copy Annexure P2. The relevant excerpt from the afore-stated reads as under :