Govind Mathur, J. - (1.) Under an order dated 11.11.2009 the Chief Engineer, SWRPD and Establishment (Non-Gazetted), Rajasthan, while exercising powers under Section 19(1) (c) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act of 1988") granted sanction for prosecution of the petitioner for the offences punishable under Section 13(1)(d) and 13(2) of the Act of 1988 read with Section 120-B Indian Penal Code.
(2.) The facts necessary to be noticed are that the Executive Engineer, Gang Canal, South Division, Sriganganagar executed an agreement with M/s Ankita Enterprises for construction of Single Brick Lining at HS Minor, RD No.5 to 20. The work aforesaid was to be carried out during the time of closure of canal and such closure was due on 10.12.2005. An indent No.0 dated 23.11.2005 was issued to carry 350 cement bags from godown of the Water Resources Department to the site and the bags so issued under the indent aforesaid were carried and kept at a house nearby to construction site. The petitioner being a Junior Engineer, counter signed the indent and confirmed the issuance of 350 cement bags.
(3.) A complaint was made alleging commission of an offence under Prevention of Corruption Act against the petitioner, as well as against the contractor who placed cement bags at a nearby place to the construction site. According to the complaint, the petitioner and the contractor made an effort for misuse of cement by storing same at a private place, instead of construction site. On filing the complaint aforesaid a criminal case was registered and after necessary investigation the entire record was remitted to the authority competent for grant of sanction for prosecution as per provision of Section 19(1)(c) of the Act of 1988. The authority competent i.e. the 3 Chief Engineer (respondent No.3) after examining the entire matter made a detailed comment and reached at the conclusion that looking to all the facts of the case the grant of sanction to prosecute the petitioner shall not be justifiable. The comments made by the Chief Engineer reads as follows:- ...[VERNACULAR TEXT OMITTED]... Cement required for lining as per standard consumption will be supplied to the contractor by the department free of cost at divisional store at JATSAR, DABLA further carriage to the work site will be done by the contractor. Beside the register 4 maintained by the department, the account of carted cement will be maintained by the contractor in sprite register showing date wise receipts and consumption. Before taking every new lot is confide used and get countersigned by AEN. concern. This register shall be kept at site for checking by deptt. Authorities. Contractor shall submit the register along with final bill. If payment of final bill delays to none submission Contractor himself is responsible for that. ...[VERNACULAR TEXT OMITTED]... ;