SHIV NARAYAN JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS revision application is directed against the order dated 21.9.2013, passed by the Special Judge, Vigilance, Hazaribagh in Special Case No. 9 of 2009, whereby and whereunder, prayer for discharge of the petitioner was rejected and consequently, charge has been framed under Section 7/13(2) of the Prevention of Corruption Act. The case of the prosecution is that the complainant was awarded work for some construction at Police Line Magazine House at the estimated cost of Rs. 2,56,400/ -. After the work got completed, the contractor submitted bills. On submission of bills, the petitioner, Executive Engineer, demanded 10% of the estimated cost for himself and for his Assistant as bribe for passing bills. The matter was reported to the Vigilance. On verification of the allegation, when it was found to be true, a team was constituted. When bribe money was given, it was recovered by the members of the raiding party from the lawn of the residence of the petitioner.

(2.) ON such allegation, case was registered as Vigilance Case No. 6 of 2009 for the offences under Section 7/13(2) of the Prevention of Corruption Act. On completion of investigation, when charge -sheet was submitted after procuring sanction for prosecution, cognizance of the aforesaid offences was taken. Thereupon, an application for discharge was filed by the petitioner, which was rejected vide its order dated 21.9.2013 which is under challenge.

(3.) BUT nothing is there on the record to establish that the Secretary, Department of Law (Judicial) after obtaining order sanctioning prosecution by the appointing authority in terms of Rule 32(a)(xix) has passed order rather the impugned order does indicate that it was the Secretary, Department of Law (Judicial), who by assuming himself to be the controlling authority has passed the order impugned and thereby the order sanctioning prosecution never seems to be in consonance with the Rules of Executive Business and hence the impugned order becomes quite illegal and is fit to be quashed, as any order, passed by the authority, who does not have jurisdiction, goes to the very root of the case and thereby the order, according sanction for prosecution by the Secretary, Department of Law (Judicial), cannot be sustained in the eye of law.