SURYA PRAKASH DOSAYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Departmental proceedings have been initiated against the petitioner serving upon him a charge-sheet dated 23 rd August, 2016, of which the petitioner is aggrieved of, and therefore, has instituted the instant writ application with a prayer to quash the impugned charge-sheet.

(2.) Shorn of unnecessary details, the essential material facts are that the petitioner entered in service with the State-respondent as Legal Advisor in the year 1994, and earned promotion as Head Legal Assistant in the year 2008. Thereafter, the petitioner was promoted as Assistant Legal Remambrancer (A.L.R.), in the year 2015. He was also called upon to act as Assistant Public Information Office vide communication dated 28 th June, 2010, while posted as Head Legal Assistant in Urban Improvement Trust, Ajmer, in the year 2010. It is pleaded case of the petitioner that while one Kapil Mittal and his mother Usha Mittal were trapped by the Anti Corruption Bureau in Crime No.407 of 2010, for offence under Section 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 read with Section 201, 120-B of the Indian Penal Code; but he has been unnecessarily dragged into the crime.

(3.) Mr. Sunil Samdaria, learned counsel for the petitioner, reiterating the pleaded facts and grounds of the writ application, vehemently argued that Shri Kapil Mittal, who happend to be Clerk in the Right to Information Cell, dealt with the application instituted by one Mohammad on 10th December, 2010, seeking information in relation to deposit of compensation qua certain land acquisition proceedings. The allegations levelled against the petitioner for retaining the concerned file for which one Ajmat Mota was ready to pay Rs.5,000/-, the demand for illegal gratification, in fact was made by Shri Kapil Mittal.