JUDGMENT

RAJEEV RANJAN PRASAD, J.:–

The present writ application has been preferred challenging the sanction order as contained in Memo No. 139 dated 20.07.2016 (Annexure ‘6’) issued by the Secretary to the Government, Department of Law, Bihar who is the competent authority for grant of sanction in the present case.

2. The petitioner is an accused in Vigilance P.S. Case No. 51 of 2011 registered under Sections 409, 420, 467, 468, 471, 477A,120B of the Indian Penal Code and Section 13(2) read with Section 13(i)(d) of the Prevention of Corruption Act 1988 (hereinafter referred to as the ‘P.C.Act’).

3. The petitioner has challenged the impugned order (Annexure ‘6’) on two grounds which this Court will deal with after briefly stating the allegations as contained in First Information Report and the subsequent developments in course of investigation.

4. Petitioner who was posted as Secretary, Bihar State Housing Board, Patna (hereinafter referred to as the ‘Board’) at the time of filing the writ application was earlier in the year 2007- 2008 posted as the Block Development Officer-cum-Circle Officer, Gaighat, Muzaffarpur. It is stated that during the said period vast areas of the said Block w