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2009 Supreme(Raj) 2363

GOVIND MATHUR
Hanuman Singh Vishnoi – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:C.S. Kotwani, Advocate.
For the Party:G R. Punia, Additional Advocate General.
For the Respondents:L.K. Purohit, Advocate.

JUDGMENT

1. - The Chief Engineer, Bisalpur Project-cum-Establishment (Non-Gazetted), Department of Water Resources, Government of Rajasthan, Jaipur, while exercising powers under Section 19 of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act of 1988"), granted sanction to prosecute the petitioner for various offences punishable under the Act of 1988. The petitioner was also placed under suspension as per Rule 13(1)(d) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as "the Rules of 1958") by an order dated 30.5.2007. To assail validity of the orders aforesaid this petition for writ was presented before this Court on 11.6.2007, but the suspension has already been revoked on 29.8.2007 and as such now challenge survives only to the extent of approval for prosecution.

2. The factual matrix necessary to be noticed, as per the original record available, is that the petitioner while working as Junior Engineer at Munda-II submitted a complaint to the competent authority regarding an encroachment made by Shri Satpal son of Shri Madanlal upon the area closed to Masitawali Head Chak-1, NDR Canal. On 8.12.2005, a










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