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2015 Supreme(Raj) 1887

GOVIND MATHUR, JAISHREE THAKUR
Abdul Aziz Gauri – Appellant
Versus
The State of Rajasthan – Respondent


For the Petitioner:Mr. Mahesh Bora, Senior Advocate assisted by Ms. Meenu Purohit, Advocate
For the Respondent:Mr. K.L. Thakur, Additional Advocate General with Mr. Rishabh Tayal and Mr. K.L. Vishnoi, Advocates.

JUDGMENT

1. - The present appeal has been filed to challenge the judgment dated 23.5.2014 passed in S.B. Civil Writ Petition No. 1231/2012 dismissing the writ petition filed seeking to quash an order dated 19.1.2012 granting sanction to prosecute the appellant-petitioner herein.

2. Brief facts of the case are that the appellant was appointed on the post of Lower Division Clerk on 26.2.1977 and he was subsequently promoted to the post of Upper Division Clerk in the year 1999. While posted at District Industries Centre, Nagaur, the appellant was trapped and caught red handed with Rs.5,000/- on 4.11.2009. Pursuant to the trap, an FIR No. 292/2009 was lodged on 6.11.2009. The appellant was taken in custody by the Anti-Corruption Bureau. Thereafter, the Commissioner, Industrial Department, Jaipur passed suspension order on 5.11.2009 by which the services of the appellant were suspended. The appellant thereafter made a representation on 28.9.2010 to the respondent-authorities requesting them that he may be given an opportunity of personal hearing before issuance of any sanction order to prosecute under the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act of 1988").





























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