Approaching the police for filing an FIR and obtaining sanction for initiating an investigation against a public servant under the Prevention of Corruption Act, 1988 are essential legal requirements.

JUDGMENT :

ASHWANI KUMAR SINGH, J.

Heard Mr. Dinu Kumar, learned counsel for the petitioner, Mr. Bishwa Bibhuti Kumar Singh, learned counsel for the State, Mr. Anil Singh, learned counsel for the Vigilance and Mr. Gyan Shankar, learned counsel for the Bihar School Examination Board. We have also heard Mr. Siddharth Prasad, learned amicus curiae in the matter.

2. The petitioner has prayed for the following reliefs in the present writ petition, which has been filed as a public interest litigation:-

“(i) For commanding the respondents including the Director General, Vigilance, Investigation Bureau, Bihar, Patna to enquire into the matter after lodging First Information Report with respect to the misappropriation, defalcation and misuse of public money more than 100 crores by Shri Anand Kishore, Chairman, Bihar School Examination Board and other concerned authorities of State of Bihar in constructing Building on the Zila School and Education Department land, encroachment of premises of the Government school, evaluation of the answer books of Class 10th and 12th by the teachers who have no occasion to teach the student of class 10th and 12th and also for demanding Rs.70/-for scrutinizing of OMR sheet from curious candidates the examination of Bihar Teachers Eligibility Test, 2017.

(ii) For directing the respondents to ensure that the public money be not misused in making unnecessary construction at the Divisional District Headquarter in G-4 and G-3 over the compound of Zila School and School of Education Deportment.

(iii) For commanding the respondents not to demolish the building constructed in the year 1993 in the premises of Bihar School Examination Board.

(iv) For commanding the respondents to recover the misappropriated and defalcated money from the erring officials in order to compensate the loss of public money,

(v) For commanding the respondents to enquire into the role attributed by Shri Anand Kishore, Chairman, Bihar School Examination Board and persons concerned in appointing Class IV and Class III employee, Section Officer, Examination Controller, Vigilance Officer and others only on the basis of walk-in-interview which is in complete violation of Articles 14 and 16 of the Constitution of India.

(vi) For granting other relief/reliefs for which the petitioner is found entitled to.”

3. The petitioner claims himself to be a public spirited person. He has made several allegations of financial and administrative irregularities committed by Mr. Anand Kishore, an IAS Officer, who is the Chairman of the Bihar School Examination Board (for short ‘BSEB’). The petitioner seeks a direction from this Court to the respondents including the Director General, Vigilance Investigation Bureau, Bihar, Patna to enquire into the matter after lodging First Information Report (for short ‘FIR’) with respect to misappropriation, defalcation and misuse of public money committed by the Chairman, BSEB.

4. Mr. Dinu Kumar, learned counsel appearing for the petitioner submitted that Mr. Anand Kishore, the Chairman, BSEB is responsible for committing financial irregularities, illegalities and criminal misconduct in examination relating to 10th and 12th Board and TET, 2017 with conspiracy of the other persons. He has misappropriated public money amounting to more than Rs.100 crore in constructing building on the zila schools and Education Department’s land and evaluation of answer sheets. He submitted that he is liable to be criminally prosecuted for the alleged act of omission and commission while acting as the Chairman of the BSEB.

5. The respondent-State has filed the counter affidavit and opposed the writ petition. A contention has been raised that the writ petition is not in the nature of public interest. The petitioner had earlier also approached this Court vide CWJC No.15871 of 2017 wherein the action of the State in not appointing a regular Chairman to the BSEB and making ad hoc appointment of Sri Anand Kishore as Chairman was challenged. The said writ pet