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2021 Supreme(All) 226

RAJEEV SINGH, RAMESH SINHA
Sukh Lal Yadav – Appellant
Versus
State Of U. P. Thru Prin. Secy. Home Deptt. – Respondent


Advocates Appeared:
For the Petitioner: Ajai Krishna Yadav, Nikhil Kumar
For the Respondent: G.A.,Amarendra Pratap Singh,Shishir Jain

JUDGMENT :

Ramesh Sinha, J. for the Bench

1. By means of the instant writ petition, the petitioner is challenging the correctness and validity of the sanction order dated 31.08.2019 passed by the respondent no.3-Managing Director, U.P. Rajkiya Nirman Nigam Ltd., Lucknow contained in Annexure no.1 to the writ petition, whereby prosecution sanction for prosecuting the petitioner under Sections 409/120B I.P.C. and under Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988, has been granted. He has also challenged the report prepared by the Lokayukta, U.P. contained in Annexure No.2 to the writ petition. He has also sought a writ of mandamus restraining the respondents not to further proceed with the matter on the basis of the impugned inquiry report of the Lokayukta, Uttar Pradesh and order dated 31.08.2019.

2. The brief facts of the case are that in the year 2007, the State Government took a decision for construction of memorials and parks in Lucknow and NOIDA. In pursuance thereof, a three Members Committee consisting of Managing Director of U.P. Rajkiya Nirman Nigam Ltd., Lucknow, the Director, Department of Geology and Mining and its Joint Director, w

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