LAWS(PAT)-2018-5-57

SANTLAL CHAUDHARY, S/O LATE RAMSWAROOP CHAUDHARY Vs. STATE OF BIHAR REPRESENTED THROUGH CHIEF SECRETARY

Decided On May 09, 2018
Santlal Chaudhary, S/O Late Ramswaroop Chaudhary Appellant
V/S
State Of Bihar Represented Through Chief Secretary Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel representing the Vigilance Investigation Bureau.

(2.) It appears that initially the Writ Application was preferred for setting aside the order as contained in Memo No. 03 dated 001.2007 (Annexure-4 to the Writ Application) by which sanction has been accorded by the competent authority to prosecute the petitioner for the offences alleged under Sections 7/13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988.

(3.) The contention raised on behalf of the petitioner was that the sanction has been granted by the Law Department which is not competent to grant such sanction in respect of the petitioner because the petitioner happens to be an employee of the Labour, Employment and Training Department of the Government of Bihar.