JUDGMENT :

1. Heard Mr. R.S. Mazumdar, learned senior counsel assisted by Mr. Shadab Bin Haque and Mr. Nishant Kumar Roy, learned counsel for the petitioner and Mr. Manoj Kumar assisted by Mr. Deepankar, learned counsel for the State.

2. After hearing the learned counsel for the parties, the judgment was reserved on 10.05.2023.

3. This petition has been filed for quashing of the order of sanction issued vide order dated 13.06.2017, contained in Annexure-10 in connection with G.R. Case No.372 of 2011 arising out of Sadar P.S. Case No.51/2011, pending in the court of the learned Chief Judicial Magistrate, Chaibasa. Subsequently, the cognizance has been taken vide order dated 01.03.2021 and that cognizance order was challenged in I.A. No.3975 of 2022 and that I.A. was allowed vide order dated 11.05.2022 and in that view of the matter, the order taking cognizance dated 01.03.2021 is also under challenge in this petition.

4. The FIR was lodged against the petitioner showing irregularity committed by the petitioner in preparation of the data with regard to the old age pension in different blocks. In the FIR, it was alleged that the petitioner has committed irregularities gainfully to give benefit to his own person as per sweet will.

5. Mr. R.S. Mazumdar, learned senior counsel appearing for the petitioner submitted that the petitioner was functioning as District Social Welfare Officer, Chaibasa and at that time he was holding the additional charge of the post of Assistant Director, Social Security. He further submitted that as per the policy decision of the Government of Jharkhand to enroll the name of old aged persons for grant of old age pension for which data has to be collected in view of the Scheme floated by the State Government and as per the direction of the then Deputy Commissioner, Chaibasa, the petitioner has issued notice in which it has been specifically mentioned for preparation of data under Indira Gandhi National Scheme for old widow/handicap. He also submitted that in view of the notice published by the petitioner for collecting data, which was to be collected block-wise, a date was fixed by the petitioner. In the said order, specific date has been shown for different blocks and the copy of the said letter has also been forwarded to the concerned authorities. He further submitted that a letter was issued to the all concerned, who are involved in collecting data, in which one of the contractors, namely, Dream Infotec Pvt. Ltd. came forward in terms of the notice issued by the petitioner. He also submitted that the petitioner was given the additional charge of Assistant Director, Social Security by the order of the then Deputy Commissioner by which the petitioner has also been provided the power of Drawing and Disbursing Officer till the regular Assistant Director is appointed. He further submitted that when the FIR was lodged, the petitioner moved before this Court in A.B.A. No.3146 of 2011, which was disposed of by this Court with an observation that if the petitioner deposits the amount, as shown defalcated by him i.e. Rs.4.30 Lacs, his regular bail shall be considered by the concerned court. He also submitted that in view of the said observation, the petitioner sent a cheque of Rs.4.30 Lacs on 22.09.2011 to the office of the Social Security, Jharkhand, Ranchi and after receiving the said cheque, the same was returned to the petitioner observing therein that the said amount should be paid in the office of the Deputy Commissioner, Chaibasa and, thereafter the said amount was transferred to the office of the Additional Director, Social Security, Chaibasa on 13.10.2011. He submitted that in that view of the matter, there is no loss to the State. He further submitted that later on all of a sudden the petitioner came to know that a letter has been issued by the Deputy Commissioner, Chaibasa to the Principal Secretary, Social Welfare, Women and Child Development Department, Government of Jharkhand for putting the petitio