IMPORTANT POINT
The main legal point established is that when an alleged offence is directly concerned with the official duty of a public servant, prior sanction from the competent authority is mandatory for prosecution.

JUDGMENT :

This application has been filed for quashing of the orders dated 17.08.2021 and 03.11.2021 passed by learned Chief Judicial Magistrate (incharge), Sasaram, in Sasaram Town P.S. Case No.156 of 2021, by which the learned Magistrate has cognizance against the petitioner for the offence under Sections 409, 420, 467, 468, 471, 477-A and 120-B of the Indian Penal Code.

2. The prosecution case is that pursuant to the letter of the Executive Officer, Nagar Parishad, Sasaram, the District Magistrate constituted a Committee headed by Additional District Magistrate, Rohtas to conduct an enquiry regarding seven departmental projects executed in Ward No.11. Accordingly, the said committee enquired and submitted its report. Pursuant to the said report, the District Magistrate vide letter dated 19.02.2021 directed that in the enquiry it has come that the concerned projects have been shown to be executed few years ago under different funds but in the measurement book, it has been shown that the projects have been completed in the year 2019-20, which appears to be a case of siphoning off Government fund. Accordingly, the present F.I.R. has been lodged against the petitioner and other accused persons.

3. Learned counsel for the petitioner submits that the petitioner was posted as Executive Officer, Nagar Parishad, Sasaram on 07.11.2017 and remained there till 25.03.2020. He further submits that the Empowered Standing Committee, Nagar Parishad, Sasaram, under the Chairmanship of the Chief Councilor, took decision for executing seven projects in ward no.11 at the level of the department itself and Sri Arun Kumar Singh, Junior Engineer, was appointed as executing agent for all the seven projects and thereafter, he prepared the estimate of all the seven projects. Thereafter, Sri Jitendra Kumar, Assistant Engineer, gave technical approval to the estimates of all the projects and accordingly, the work orders were issued. The Assistant Engineer was assigned the duty to inspect all the projects on regular basis and monitor the progress as per the estimates. However, the Junior Engineer without making physical inspection submitted the measurement book indicating that all the seven projects have been completed as per the approval of the Assistant Engineer, who was responsible for monitoring the actual physical progress of the work.

4. Learned counsel for the petitioner further submits that Junior Engineer and Assistant Engineer were responsible for physical inspection of the work but they have submitted false work completion certificate and measurement book. Thereafter, the Chief Councilor recommended for payment of work and accordingly the payments were made by the petitioner being the Executive Officer of Nagar Parishad. He further submits that since the approval with respect to all the projects of ward no.11 were given in the files by the Chief Councilor and the Empowered Standing committee, the petitioner being the Executive Officer has no reason to doubt on the same as no such complaint was ever received by the petitioner either from the Ward Councilor of ward no.11 or any local resident and he simply followed the orders and made payment for the work.

5. Learned counsel for the petitioner further submits that the selection of schemes/projects and implementation of the same comes within the ambit of Chief Councilor and the Empowered Standing Committee and the petitioner being the Executive Officer has no role either in selection or implementation of scheme/projects. He further submits that the function and duties of the Executive Officer of Urban local bodies through the Bihar Municipal Act has also been clarified by the State Government vide letter dated 06.10.2017 in compliance of order and direction of this Court passed in C.W.J.C. No.4662 of 2017 wherein specifically it has been mentioned that every resolution taken in the meeting of the Municipal bodies has to carry out by the Executive Officer and to ensure the compliance of every decisio