KHAGENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed the present application for quashing the sanction order dated 9.7.2002 issued under the signature of the Secretary, Department of Law (Justice), Government of Bihar, Patna, by order of the Governor of Bihar, annexed as Annexure 5, as well as the communication dated 22.9.2002 by the Director (Administration) -cum -Deputy Secretary to the Education Department, Government of Bihar, to the Superintendent of Police, Rohtas, communicating the decision of the State Government granting sanction by the aforesaid order, annexed as Annexure 6. and the order dated 11.12.2002 passed by the Special Judge, Vigilance, Patna, in Special Case No. 85 of 1991, taking cognizance under sections 420, 467, 468, 471, 120 -B/34 of the Indian Penai Code and 5 of the Prevention of Corruption Act.

(2.) THE petitioner, at the relevant time, was the Sub -Divisional Education Officer, Sasaram. An F.I. R. was lodged by Shri Doman Singh Additional District Magistrate, Sasaram, on the order of the District Magistrate, Sasaram, before the Sasaram Police Station on 4.12.1991 alleging that then District Education Officer K.N. Sharma, the petitioner posted as Sub -Divisional Education Officer, Shivadhani Prasad Srivastava, Headmaster of Tilauthu High School and Alamgir, Assistant, poted in the office of the District Education Officer, all connived and made illegal selection of Peons and Clerks for pecuniary gain. All steps were taken in violation of the rules. The Police proceeded with the investigation and after completion of the same submitted charge -sheet. As the petitioner and others were public servants and the petitioner was removable by the Governent, relevant papers were sent to the Government for obtaining sanction and, thereafter, an order was issued expressed in the name of the Governor signed by the Secretary, Department of Law (Justice). The Court thereafter took cognizance as stated above.

(3.) LEARNED counsel appearing for the Vigilance Department, on the other hand, submitted that the allegations as well as the materials collected during investigation make out a prima -facie case and at this stage, the court cannot reappraise the materials to decide the question that no offence has been committed. Order of sanction clearly shows that after perusal of the document, sanction has been granted and, thus, there is complete application of mind as the order does not suffer from that ground. So far as other ground is concerned, it is stated that the offence was committed while admittedly the petitioner was an employee of the erstwhile State of Bihar. His allotment to the State of Jharkhand was only a provisional one and as such he continued to be an employee of the State of Bihar and, accordingly, the order of sanction was valid in the eye of law.