AJAY KUMAR SHARDA Vs. SECRETARY, GOVERNOR OF RAJASTHAN

JUDGEMENT

(1.) DEFECTS are waived.

(2.) THE instant proceeding witnesses an impeachment of the order of sanction for prosecution of the petitioner in connection with F.I.R. No.147/2013 of Police Station Anti Corruption Bureau, Jaipur.

(3.) FOR the order proposed to be passed, it is considered inessential to issue formal notice to the respondents. Shortly put the facts in bare minimum, are that the petitioner is a member of Rajasthan Higher Judicial Service (for short, hereafter referred to as 'the RHJS') and was posted as District Judge, Ajmer at the relevant time on 07.05.2012. During his tenure there, 42 vacancies for appointment of Lower Division Clerk in the District Court of Ajmer, were advertised on 10.01.2013 by the Officer -in -Charge of the examination and the schedule of dates outlining the process of recruitment was drawn and in terms thereof, results were to be declared 25.04.2013. This process, however, had to be abandoned in view of the complaints alleging bias, favouritism and unfair selection of candidates. According to the petitioner, to administer the process, a screening committee was constituted, of which he was only a member, but did exercise supervision over the examination held being an essential segment of the exercise. The petitioner has stated that later on he did come to learn that a complaint had been lodged by one Mahaveer Prasad Joshi, the then Deputy Superintendent of Police, Anti Corruption Bureau, Rajasthan, Jaipur about the involvement of few persons, named therein, indulging, amongst others, in receiving illegal gratification from the aspirants in return of assurance of their appointments. According to the petitioner, the complaint also did indicate his involvement in such activities.