(1) LEAVE granted.

(2) THE short question that arises for consideration in these appeals is whether the impugned order of sanction for prosecution given by the Chief Minister can at all be sustained in law.

(3) THE appellant was serving as Executive Engineer and the allegation is that in respect of some work a sum of Rs. 2,750.00 was paid in excess to the contractor. Mr. B.B. Singh, learned counsel for the State of Bihar submitted that the non-discharge of the duty by the Executive Engineer in accordance with the rules is the gravamen of the charge and not the excess amount which ultimately can be said to have been paid to the Contractor.

(4) WE do not find any force in the said contention, inasmuch as in the very document itself it has been indicated that failure on the part of the Executive Engineer to perform his duty in accordance with the rules has been responsible for making the State pay excess amount to the tune of rs. 2,750.00. Under the Rules of Business, all cases of defalcation, misappropriation or embezzlement of public funds involving more than Rs. 10,000.00 are required to be placed before the Chief Minister and cases involving lesser am