R.R. Prasad, J. - (1.) This writ application has been filed for quashing of the order dated 11.10.2010, passed by the Secretary, Department of Law (Judicial), Government of Jharkhand, Ranchi, as contained in Annexure-4 whereby sanction for prosecution of the petitioner in R.C. Case No. 18(A) of 2009(R) was accorded.
(2.) The case of the prosecution is that in compliance with the order passed by this Court in W.P. (PIL) No. 803 of 2009, a preliminary inquiry was conducted by the CBI into the irregularity and illegality committed by the engineers of Road Construction Department as well as the contractors in the matter of procurement of bitumen for construction of road. On that basis, a case was registered as R.C. Case No. 18(A) of 2009(R) on the allegation that the contractor-M/s Gajo Prasad Mehta has submitted six bills/invoices claimed to have been procured from Indian Oil Corporation, Namkom for surface renewal of Kharhar-Gauria Karma Road which was found to be forged. Still the public servant including the petitioner, Junior Engineer, did fraudulently certify the bills/invoices submitted by the contractor for its payment and thereby they committed offences under Sections 420, 467, 468, 471 and 120B of Indian Penal Code as well as under Section 13(2) read with 13(1)(d) of Prevention of Corruption Act.
(3.) The matter was taken up for investigation. After completion of investigation, order sanctioning prosecution was accorded by the Secretary, Department of Law (Judicial), Government of Jharkhand, Ranchi vide its order dated 11.10.2010 which is under challenge.;