- (1.) The petitioners are Government servant. An FIR has been lodged against them alleging that the work which has been got done by them under their supervision, has been found upon evaluation to require less expenditure than what is shown to have been spent on that work. According to the petitioners the case has been investigated by the police and prior to submitting charge-sheet the matter has been sent for sanction under the provisions of Section 197, Cr.P.C.
(2.) The grievance, which the petitioners are raising in this writ petition, is firstly that evaluation on the basis of which FIR was lodged was not got done by the person having technical knowledge and therefore the evaluation is faulty. Further, the petitioners claim that even during investigation no such technical evaluation was got done so as to confirm the finding on the basis of which FIR was lodged.
(3.) Another grievance of the petitioners is based upon a Government Order dated 19-7-2005, which according to the petitioners provides that in such cases of irregularity first departmental inquiry, should be held and only thereafter FIR should be lodged.;