PRABHULAL GAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision against the order of learned Special Judge, Anti Corruption Cases, Jodhpur dated 2-1-1998 by which he ordered the Head Quarter of RSEB that is it may obtain sanction against the accused petitioner. He also directed that a petition under Section 482, Cr. P.C. or a writ may be filed to obtain sanction, or it was free to take any course of action according to law in order to obtain sanction against the accused petitioner. He refused to accept the final report on the ground that the sanction was not granted by Competent Authority.

(2.) I have heard the learned Counsel for the petitioner as well as learned Public Prosecutor at length.

(3.) Facts may be narrated in brief. Prabhulal Gaur was Junior Accountant in Treasury Office of Barmer. His duty was to pass bills of various departments. It alleged that he demanded a sum of Rs. 50/- from Bhera Ram complainant. On 22-1-1994, he obtained this amount at 3.50 p.m. and was caught red handed in a raid organised by Rajasthan State Bureau of Investigation which investigates such cases. Bhera Ram had reported to the Bureau on 22-1-1994 that arrear bill of Ladu Ram, a Class - IV servant, amounting to Rs. 1,177/- was pending in the treasury. Bhera Ram himself went to the Treasury Office on 22-1-1994. He met the accused petitioner whose duty was to pass the bill. The petitioner demanded a sum of Rs.100/-, Prabhu Lal was told that the bill was in relation to the arrears of salary of a Class - IV servant. He refused to pay Rs.100/-. Then the petitioner is alleged to have said that atleast an amount of Rs. 50/- has to be paid then only bill will be passed, and in case the amount was not paid the bill would not be passed. Bhera Ram then requested him to pass the bill and that he was coming back with a sum of Rs. 50/- to pay him. Then Bhera Ram went to the in charge of Anti Corruption Department and lodged report. Trap was organised and petitioner was caught red handed. Matter investigation papers were submitted to the Competent Authority which refused to grant sanction and hence final report was submitted.