KAILASH CHAND SHARMA Vs. STATE OF RAJ.

JUDGEMENT

(1.) INSTANT intra -court appeal (SAW -285/2013) has been filed by five appellants assailing sanction for prosecution granted by the appointing authority, which came to be affirmed by the learned Single Judge while dismissing their writ petition under order impugned dt. 20.12.2012.

(2.) AGAINST all the five appellants, FIR for offence u/Ss. 13(1)(d), 13(2) of the Prevention of Corruption Act & Sections 420, 467, 468, 471, 379 & 120 -B IPC was registered and obviously after investigation was conducted, at the stage of filing charge -sheet, the Investigating Officer submitted application to the appointing authority for grant of prosecution sanction and that initially came to be granted vide order dt. 13.01.2009 and followed vide order dt. 15.02.2012. It has been informed to this Court that earlier sanction for prosecution was granted in respect of the offence punishable under the provisions of Prevention of Corruption Act and by subsequent order the sanction for prosecution was granted in reference to the offence punishable under the provisions of Indian Penal Code and on account of sanction for prosecution being granted, for filing charge -sheet against the appellants decision was taken by the authority for placing them under suspension vide order dt. 12.10.2012 on account of criminal case being registered against them by the Anti Corruption Bureau, Bharatpur.

(3.) ON the last date of hearing when the matter came up before the Court, we put a question to the counsel as to why the petitions after petitions are being filed against order of granting sanction for prosecution in reference to the FIR registered against the appellants under the provisions of Prevention of Corruption Act and that was very specifically indicated by the authority while placing under suspension in the order itself and the matter was posted for today only to seek explanation from the counsel in filing of the writ petitions in serious.