Nagendra Rai, J.

1. The petitioner, a member of Indian Administrative Service, has filed the present application for quashing the order dated 28.5.1994 passed by the Special Judge (Vigilance) in Special Case No. 87 90-47 90 taking cognizance under Sections 13(2), 13(1)(d) read with Section 15 of the Prevention of Corruption Act, 1988 and Sections 120-B and 109 of the Indian Penal Code.

2. The Deputy Superintendent of Police, Cabinet (Vigilance) Department filed a written report on 5.11.1990 before the Office In-charge of Vigilance Police Station, Bihar, Patna on the basis of which the Vigilance Police Station case No. 49 dated 5.11.1990 under Sections 5(2)/5(1)(d) of the Prevention of Corruption Act, 1947 corresponding to Sections 13(l)(d) and Section 15 of the Prevention of Corruption Act, 1988 and Sections 120-B, 109 of the Indian Penal Code was instituted. The allegation made in the said First Information Report is that the Bihar Intermediate Education Council was established in 1980 by virtue of an Ordinance. According to the provisions of the Ordinance the posts of officers and employees are to be created after prior approval of the State Government. The appointment to