KESARI CHAND SETHIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioner who was working on the post of Junior Accountant in the office of the Project Director, Agriculture & Land Survey Department, Bikaner to challenge the order of prosecution sanction passed against him dated 01.07.2006 (Annex.-6), so also, the suspension order dated 02.07.2010 (Annex.-8). Brief facts of the case are that on 07.06.2005, an FIR was lodged against three persons namely, Vijay Singh Nahta, Pratap Singh Rao and Nakhta Ram at CPS ACB Jaipur bearing No.120/2005 under Section 13(1)(d)(2) of the Prevention of Corruption Act, 1988 and Sections 409, 467, 468, 471 and 120-B, I.P.C. for the offences occurred in between 2002-03 and 2003- 04.

(2.) As per the petitioner, at the relevant time he was working on deputation and was not involved in any kind of embezzlement, therefore, in the FIR his name was not mentioned in the FIR. But, after investigation, the D.I.G., Anti Corruption Bureau, Jaipur recommended his case to the Head of Department of the petitioner's office for granting prosecution sanction without even ascertaining the fact whether the petitioner was posted at Fatehgarh at the relevant time or not. The State Government granted sanction against the petitioner; and, thereafter, he was placed under suspension vide order dated 08.06.2007.

(3.) As per the petitioner, in the chargesheet issued against him by the Board of Revenue, Ajmer same allegations were levelled vide charge-sheet Annex.-9.