- (1.) The petitioner who at present has retired had filed this writ petition in the year 1998 assailing the order dated 19.3.1998 praying for its quashing whereby sanction was granted by the State Government to prosecute the petitioner under the provisions of Section 197 Cr.P.C. r/w Section 13(Ga) of the Prevention of Corruption Act, 1988.
(2.) A division bench of this court entertained the petition and passed the following interim order on 29.4.1998 :- "Hon'ble S.K. Phaujdar,J. Hon'ble J.C. Mishra,J. Sanction to prosecute the present petitioner for an offence under the Prevention of Corruption Act is under challenge. The sanction was accorded on 19.3.98, as per Annexure V to the writ petition. The sanction order is not clear if the sanction was really given by the Principal Secretary (Forests) or the Governor of the State and if at all the matter was ever placed before the Governor. All these facts may be made clear along with other averments in the writ petition by the next date by the State through a counter affidavit. Till further orders no action or further action may be taken in pursuance to the sanction order dated 19.3.98 against the present petitioner. It is indicated, however, that the instant stay order may not stand on the way of recording a sanction order according to law. List on 13.7.98. Order Date :- 29.4.98"
(3.) Two counter affidavits have been filed one on behalf of the respondent-State and the second is stay vacation application along with a counter affidavit also on behalf of the State. The petitioner has filed a rejoinder affidavit to the same that is on record.;