GOVIND NARAIN GOYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition under Article 226 of the Constitution of India the petitioner has challenged the prosecution sanction dated 2.10.2014 granted by the State Government to launch prosecution against him for offence under Section 13(1)(d) and (e) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter to be referred as "the Act").

(2.) Briefly stated the relevant facts for the disposal of this petition are that In the year 2010 when the petitioner was posted as Executive Engineer (Medical & Health Division) Jaipur and was having charge of some construction works being conducted at Alwar and Dausa Districts, FIR No. 375/2010 came to be registered against him on 29.10.2010 at Principal Police 1 Station, ACB, Jaipur on the premise that on 10.9.2010 when on the basis of some secret information Indica Car bearing registration No. RJ- 14-T-7971 in which the petitioner was travelling from Alwar to Jaipur was Intercepted and checked near Pooja Hotel Bye-pass Road Malakhera by the Additional Superintendent of Police ACB in the presence of two independent witnesses, a total amount of L 85,900/- was recovered from the possession of the petitioner for which satisfactory explanation could not be furnished by him. As required under Section 19(1) of the Act prosecution sanction was sought by the ACB after collecting evidence during investigation conducted on the basis of the aforesaid FIR and the same was granted by the competent authority by way of impugned order dated 2.10.2014. It has not been disputed that in respect of the petitioner Minister-in-charge of the Department of Personnel, Government of Rajasthan was the competent authority to grant the requisite sanction and at the relevant time Chief Minister was holding the charge of the aforesaid department.

(3.) In support of the petition, learned counsel for the petitioner has raised the following grounds