PITAMBER HARWANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have preferred these petitions aggrieved by the prosecution sanction order dtd. 2/7/2013 (SB Criminal Writ Petition No. 494/2016 and SB Civil Writ Petition No. 11679/2014) and prosecution sanction order dtd. 2/4/2014 (SB Criminal Writ Petition No. 94/2015).

(2.) It is contended by the counsel for the petitioners that a raid was conducted by the Anti Corruption Bureau team in Room No. 106 of Office of I.G. Registration and Stamps, Rajasthan as there was information that amount was being collected by the employees for renewal of licences of stamp vendors, Rs.850.00 was recovered from Pitamber Harwani, Rs.1,150.00 was recovered from Vishnu Lal Jaipal and Rs.6,715.00 was recovered from Jeevan Ram Choudhary, who all are petitioners in the present petitions. FIR was registered at Police Station CPS, ACB, Jaipur for offence under Ss. 13 (1) (d) (e) (ii) of Prevention of Corruption Act, 1988. After completing the investigation the Investigating Agency i.e. ACB sought opinion from Deputy Director Prosecution-II, DOPII, who was of the opinion that ACB would not be able to prove the guilt and only a departmental inquiry should be initiated by the Department.

(3.) It is contended that a departmental inquiry was initiated and the Inquiry Officer has concluded that mis-conduct is not made out, however final order has not been passed.