KARAN SINGH RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 12.03.2010 whereby the learned Single Judge of this Court has declined to entertain the writ petition (CWP No.2386/2010) filed by the petitioner-appellant in challenge to the orders passed by the State Government on 02.02.2010 (Annex.8 and Annex.9) granting sanction for his prosecution in FIR Nos.279/2002 and 280/2002 registered by the Anti Corruption Bureau, Rajasthan, Jaipur for offences under Sections 13(1) (c) (d) and 13 (2) of the Prevention of Corruption Act, 1988 and Sections 409, 420, 467, 471, 477A & 120B of the Indian Penal Code; and placing him under suspension.

(2.) The petitioner-appellant filed the writ petition aforesaid with the submissions that while posted as the Assistant Engineer, Water Shed Development and Social Conservation, Pokaran in the year 1996-1997, his duties were to provide supervision and technical guidance to the Junior Engineers undertaking various works in the clusters falling under his jurisdiction but then, he was not entrusted with any duty of preparing, verifying or sanctioning the bills prepared by the Water Shed Committee; and he was simply entrusted the job of forwarding the bills provided to him to the Project Implementation Agency.

(3.) While pointing out that the aforesaid FIRs bearing Nos. 279/2002 and 280/2002 were registered on the allegations that the Users Committee practiced irregularities in the construction work and obtained payment at inflated rates in excess to the work done and his name was also included as an accused in the investigation; and while referring to the orders for sanction of prosecution in relation to the aforesaid FIRs as issued by the State Government on 02.02.2010 (Annex.8), the appellant raised the grievance that the sanction had been issued in a mechanical manner and without application of mind. The appellant asserted that verification of bills was not his job at all nor he passed the bills; that the bills as prepared by the Committee and verified by the Junior Engineer were simply forwarded by him for necessary action; and that, in fact, he was only a forwarding officer and nothing more.