- (1.) Whether any estoppel or resjudicata applies for a competent authority, if he once decides not to grant such sanction for prosecution of a public servant under Section 19 of the Prevention of Corruption Act, 1988, and later on grants it on a reconsideration of the same material or at the instance of a higher authority, is the question?
(2.) The petitioner while working as Upper Division Clerk in the Industries Department, was caught red handed while taking the bribe of Rs.5000/- on 04.01.2009 in connection with work of the complainant, namely, Bankat Lal Bawari, partner of firm M/s Mangaram & Sons, in the office of Registrar of the Firms, Jodhpur. The petitioner was working in the office of District Industries Centre, Nagaur. By the impugned order (Annex.14) dated 19.01.2012, the Commissioner of the Industries Department has given sanction for prosecution of the petitioner in regard to Case No.292/2009. The said order has been challenged by the petitioner by way of present writ petition, inter-alia, on the ground that previously the same authority competent to remove the petitioner from the employment i.e. the Commissioner had given a clean chit/discharge in connection with the same case vide the Office-Note as produced by the petitioner along-with writ petition as Annex.12 but thereafter under the orders of the Principal Secretary of the Industries Department at the instance of Additional Director of Police, Anti-Corruption Bureau, Jaipur, vide DO letter No.4821 dated 08.06.2011, it was found that prima facie, there was substance in the complaint of the complainant and there was sufficient evidence available on record to prosecute the accused Government servant under Section 7, (13) (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988 (Act of 1988). Accordingly, the impugned order (Annex.14) dated 19.01.2013 was passed by the competent authority i.e. the Commissioner of Industries himself.
(3.) A coordinate bench of this Court while issuing notices to the respondents vide the order dated 10th February 2012 stayed the operation of the prosecution sanction order, which interim order is in currency uptill now.;