DEVENDRA PRAKASH MAHESHWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of certiorari for quashing the order as contained in memo dated 13.5.2005, whereby the State Government, in exercise of its power under Section 197(1)(b) of the Code of Criminal Procedure accorded sanction for prosecution of the petitioner under Sections 120 -B, 407, 411, 420, 467, 468, 471 and 477 of the Indian Penal Code and Section 13(2) read with Section 13 (1)(d) of the Prevention of Corruption Act.

(2.) SHORN of unnecessary details, the facts giving rise to the present application are that the petitioner is an accused in Special Case No. 17/97, R.C. 32(A)/97 registered under Sections 120 -B, 407, 420, 467, 468, 471 and 477 -A of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, Case relates to a scandal in purchase of bitumen. Petitioner, at the relevant time, was Commissioner -cum -Secretary of the Road Construction Department. The Central Bureau of Investigation submitted charge -sheet against him and the Special Judge, by order dated 14.12.2004, took cognizance of the offence against the petitioner besides other accused persons. Petitioner challenged the order taking cognizance by filing application under Section 482 of the Code of Criminal Procedure, which was registered as Cr. Misc. No. 24266 of 2005 Devendra Prakash Maheshwari V/s. The Central Bureau of Investigation and others. This Court, by order dated 17.8.2005, disposed of the aforesaid application in the following words : xxx xxx xxx

(3.) IT is the stand of the petitioner that on the date the State Government accorded sanction for his prosecution, he was holding the office of the State Election Commissioner and therefore, the order impugned according sanction for his prosecution, is clearly illegal and completely without jurisdiction. It has been pointed out that the State Election Commissioner cannot be removed from his office except in like manner and on the like grounds, as a Judge of the High Court and hence, the sanction for his prosecution is clearly illegal.