1
S.B. Civil Writ Petition No.4093/2011.
(Jethu Dan Vs. State of Rajasthan & Others)
DATE OF ORDER : May 17, 2011.
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Dr. Sachin Acharya for the petitioner.
In this writ petition, the petitioner has prayed for
quashing order dated 16.06.2010, Annex.-7 whereby
prosecution sanction was accorded against the petitioner
for filing prosecution in FIR No.132/2008 for allegedly
committing offences under Sections 7, 13(1)(d), 13(2),
Prevention of Corruption Act.
Main contention of petitioner is that no proper
opportunity of hearing was accorded to the petitioner by
the Chief Executive Officer, Zila Parishad, Pali before
issuing the prosecution sanction for launching prosecution
against the petitioner.
In my opinion, looking to the seriousness of the
charges and investigation made by the Anti Corruption
Department, an employee against whom serious
allegations are there for committing offences under
Sections 40, 467, 468, 471, 477 and 120B, I.P.C. along
with provisions of the Prevention of Corruption Act and, in
the investigation, prima facie commission of alleged
2
offences is made out, then, at the time of passing order for
prosecution sanction there is no question of claiming any
opportunity of hearing by the employee against whom such
serious charges are levelled.
Upon perusal of Section 19 of the Prevention of
Corruption Act as well as Section 191, Cr.P.C., it is
apparently clear that competent authority is required to
apply its mind towards investigation made by the
investigating agency for the purpose of granting
prosecution sanction. There is no such provision in the
Prevention of Corruption Act and Code of Criminal
Procedure for providing any opportunity of hearing to the
employee before passing order for prosecution sanction.
In view of the aforesaid, no case is made out in this
writ petition for interfering in the order Annex.-7 passed by
the Chief Executive Officer, Zila Parishad, Pali.
Hence, this writ petition is hereby dismissed.
(Gopal Krishan Vyas) J.