PRAMOD KUMAR PATHAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the order Annexure 3 and Annexure 4 dated 26.07.2008 and 7.8.2008 respectively as also seeks quashing of FIR No. 27/2004 (Annexure 1) registered by Anti Corruption Department under the provisions of Prevention of Corruption Act, 1988.

(2.) I have heard learned counsel for the petitioner at length. Carefully gone through the orders impugned as. also the FIR.

(3.) It appears that an FIR came to be reg- istered vide Annexure 1 on 9.2.2004 by the Additional Superintendent of Police, Anti- Corruption Bureau,'Udaipur for the offences under Sections 13(l)(d), 13(2) of the Prevention of Corruption Act, 1988 and under Sections 120B, 420,467 and 471IPC. After thorough investigation, the police filed challan against the petitioner for the offences under Sections 13(l)(d), 13 (2) of the Prevention of Corruption Act, 1988 and under Sections 420,467,468,471,477A and 120B IPC before the Special Court having jurisdiction to try such cases. Thereafter by order Annexure 3 dated 26.7.2008. The Chief Engineer accorded sanction to prosecute the petitioner under Section 197 Cr.P.C. The petitioner has also been placed under suspension by order Annexure 4 dated 7.8.2008 on the ground that a charge-sheet has been filed against the petitioner for the offences punishable under the various sections of the Prevention of Corruption Act and IPC as noticed above and a sanction to" prosecute the petitioner under Section 197 Cr.P.C. has been accorded and therefore, in exercise of the powers conferred under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short the CCA Rules, 1958 hereinafter), the petitioner has been placed under suspension. By the instant writ petition, the order placing the petitioner under suspension as also the FIR and the order according sanction to prosecute the petitioner under Section 197 Cr.P.C. have been challenged.