BABU SINGH DHARIWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant petition, the petitioner has prayed that by an appropriate writ, order or direction, the suspension order dated 30. 5. 2005 (Annexure 10) and F. I. R. dated 2. 5. 2005 (Annexure 1) may be quashed and set aside.

(2.) BRIEF facts giving rise to the instant petition are that petitioner - Babu Singh Dhariwal was posted as Assistant Engineer, CAD Mohangarh Sub-Division 4, Indira Gandhi Nahar Project (IGNP), Mohangarh, District- Jaisalmer. At that time, a complaint was received by the Antri-Corruption Bureau (ACB) that the petitioner, including Shri P. B. Mathur, Executive Engineer, and his companions, without completing construction work of Manuhar Minor issued a cheque of Rs. 2,00,000/- to the Contractor. On this information, the Anti-Corruption Bureau (ACB) made a search and ultimately lodged a First Information Report (Annexure 1) against the petitioner- AEN, Shri P. B. Mathur, XEN and Shri Ramesh Chandra Joshi, JEN respectively. It is alleged by the petitioner in this petitioner that the construction work was legally done by the Contractor and Cement and Bazari were brought and labour work was done. Thereafter, research of soil for manufacturing of bricks was done. After satisfaction of the work, a Cheque amounting to Rs. 1,92,166/- was issued, which was received back as dishonoured from the Bank.

(3.) IT is further submitted by the learned counsel for the petitioner that for launching prosecution against him, the necessary sanction for prosecution is required by the Competent Authority and further, no challan can be filed, without sanction and, according to the learned counsel, on account of registration of a criminal case against the petitioner, the suspension order cannot be passed. He submitted that the petitioner never demanded any bribe from anybody.