Sangeet Lodha, J. - (1.) This writ petition is directed against the order dt. 27.4.15 issued by the Director, Secondary Education Rajasthan, Bikaner, whereby in exercise of the power conferred under Sec. 19 of the Prevention of Corruption Act, 1988 (for short "the Act"), the sanction has been accorded for prosecution of the petitioner for offences under Secs. 7, 8, 12, 13(1)(d), 13(2) of the Act read with Sec. 420, 120B IPC, before the Court of Special Judge (Anti Corruption Act), Pali. Precisely, the contention of the petitioner is that the order impugned has been passed by the respondent No. 2 in a mechanical manner without application of mind. It is submitted that apparently, the order passed is reproduction of the draft prosecution sanction forwarded by the Anti Corruption Bureau vide communication dt. 18.3.15.
(2.) Learned Government Counsel fairly submitted that the prosecution sanction issued by the competent authority is verbatim copy of the draft prosecution sanction forwarded by the Deputy Inspector General of Police, Anti Corruption Bureau, Jodhpur vide communication dt. 26.3.15 and thus, it appears that competent authority has not applied its mind. Learned Government Counsel submitted that the order impugned may be quashed and liberty may be given to the competent authority to take a decision afresh, in accordance with law.
(3.) Learned counsel appearing for the petitioner submits that the petitioner has no objection if the petition is disposed of with the order in the terms as suggested by the Government Counsel. Accordingly, the writ petition is allowed. The impugned prosecution sanction dt. 27.4.15 issued by the Director, Board of Secondary Education (Annexure 9) is quashed. The Director, Board of Secondary Education, Bikaner shall be at liberty to issue the prosecution sanction afresh, after due application of mind, in accordance with law. No order as to costs.;