1 S.B. Civil writ petition No. 2386/2010 Karan Singh Rathore vs State of Rajasthan & Ors. Date of Order 12.3.2010 HON'BLE MR. PRAKASH TATIA, J. Mr. Sandeep Mehta, for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner is aggrieved against the order of sanction for prosecution granted by competent authority vide order dated 2.2.2010. Learned counsel for the petitioner vehemently submitted that petitioner was appointed as Junior Engineer and he was not concerned with the passing of the bill in any manner. He was mere a forwarding authority and the bill in question could have been verified only by a User Committee and the petitioner was neither sanctioning authority nor could have verified the bill. So far as role of the petitioner is concerned, he is a technical person and according to learned counsel for the petitioner the work was in fact, executed by other persons. In view of the above reasons, the prosecution sanction granted is wholly illegal. Learned counsel for the petitioner tried to drew my attention to the various paras at page no.4 of the order as well as the para no.10 at page no.3 and submitted that these observations are self-contradictory as there is no 2 allegation that work was not completed at site or of below standard. The only allegation against the petitioner is that BSR of different department was used resulting into excess payment resulting into loss to the Government. After going through the reasons given in the order as well as in view of the fact that petitioner has been charged for the commission of offence referred in the order which are under Sections 409, 420, 467, 468, 471, 477A and 120B IPC this will be premature to comment on merit of the case in any manner and so far as the application of mind by the authority is concerned, for that part also, this court cannot and should not decide at this stage finally. Be it as it may be, I do not find any reason to entertain the writ petition in the facts of the case. In view of the above, there is no merit in this writ petition and the same is hereby dismissed. [PRAKASH TATIA], J. cpgoyal/-