ORDER :

1. The instant writ petition has been filed under Article 226 of the Constitution of India with the following prayer:-

“A/-by an appropriate direction, appropriate the writ, impugned order of prosecution sanction dated 16.11.2018 (Annex.28) passed issued by the respondent No.2 may kindly be quashed and set-aside.”

2. Briefly stated facts of the case are that the petitioner was initially appointed on the post of Patwari on 25.06.1979. Thereafter, the petitioner was promoted to the post of Inspector, Land Record on 24.10.1990, and he was given confirmation for the said post on 08.05.1995. Later, the petitioner was promoted to the post of Nayab Tehsildar on 30.08.2008 and then to the post of Tehsildar on 20.09.2013 which was confirmed vide order dated 01.04.2018.

3. The petitioner was transferred vide order dated 10.10.2016 from sub registrar Jodhpur-II to Tehsil Sojat, District Pali, as the name of the petitioner mentioned at S.No.96 of transfer order dated 10.10.2016 (Annex 7A). The petitioner was relieved on 13.10.2016 and thus on 14.10.2016 the petitioner was given posting in Tehsil Sojat as Tehsildar.

4. When the petitioner was posted in Tehsil Sojat, one Shri Rajmal Mewara filed a complaint against the petitioner before Anti Corruption Bureau Bhilwara-I stating therein that the driver of the petitioner demanded Rs10,000/-from the complainant Rajmal Mewara on 30.03.2016 when complainant requested the petitioner for not entering the name of one Babulal in the revenue record as khatedar pertaining to Khasra No. 1328 situated at Bagdinagar, Tehsil Sojat. The trap proceedings were conducted on 24.04.2018, thereafter the petitioner was arrested by the Anti Corruption Bureau, Bhilwara. On 25.04.2018 an FIR was lodged against the petitioner for offence punishable under Sections 7, 13(1)(d) & 13 (2) of the Prevention of Corruption Act of 1988 (For short, ‘the Act of 1988’) and Section 120-B IPC. However the petitioner was enlarged on bail on 26.04.2018 by the competent court and he again joined duty on 26.04.2018 itself as he did not remain in custody for more than 48 hours.

5. The respondent authority, Board Of Revenue, Ajmer, Rajasthan suspended the petitioner on 27.04.2018 (Annex.12) on the basis of government circular dated 07.07.2010 and as per rule 13 of Rajasthan Civil services (Classification, Control & Appeal) Rules 1958.

6. Aggrieved by the order dated 27.04.2018, the petitioner preferred a writ petition before this court being SBCWP No. 11000/2018 wherein while issuing notices to the respondents, this court stayed the effect and operation of the order dated 27.04.2018 vide order dated 30.07.2018.(Annex.13)

7. In addition to that, on 23.02.2018 one Bajrang Das submitted an application before the petitioner (in capacity of Tehsildar) with regard to illegal conversion of 'doli' land which belonged to some known of the complainant, and thus on 24.03.2018 the petitioner submitted a report to SDO Sojat regarding illegal conversion.

8. Thereafter, in regard to the FIR filed against the petitioner, an investigation Report was made on 29.10.2018 by Anti corruption Bureau, Ajmer, Rajasthan, then, on the date of 12.11.2018 a show cause notice was issued by Board Of Revenue, Rajasthan Ajmer through Deputy Registrar (enquiry) Board Of Revenue, Rajasthan Ajmer, to the petitioner in connection with grant of prosecution sanction, to appear before respondent No.2 Board Of Revenue Rajasthan Ajmer. The petitioner submitted an application dated 13.11.2018 and 14.11.2018 that he has been given the charge of Assistant Returning Officer in election process thus the date of hearing be fixed after the elections are over, whereas the respondent No.2 sent a communication dated 14.11.2018 to the petitioner to be present before respondent authority in regard to prosecution sanction on 16.11.2018. Thus on 16.11.2018 prosecution sanction order was passed by respondent No.2, the sanctioning authority i.e. Chairman, Board of Revenue.

9. Petitioner