IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.239 of 2011 BABBAN PRASAD SON OF LATE BANKE LAL, RESIDENT OF VILLAGE BASANTPUR, P.S. BASANTPUT, DISTRICT- SIWAN Versus THE STATE OF BIHAR THROUGH DIRECTOR GENERAL VIGIALNCE ----------- 3 29.06.2011 Heard learned counsels for the petitioner and Mr. Ramakant Sharma, learned Special P.P. appearing for the Vigilance. The prayer of the petitioner is for quashing the entire criminal proceeding with respect to the Vigilance Case No. 83 of 2007 registered for the offence under section 7/13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988. It is submitted that the investigation of the case is complete, however, the sanction accorded for the prosecution of the petitioner by the District Magistrate vide Annexure-2 is bad in law for the reason that he is not the appointing authority of the petitioner, and as such, he is not the competent authority. Learned counsel submits that as per the scheme under which the petitioner was appointed, the concerned Divisional Commissioner of the Division is the only competent authority, and if at all required, sanction should have been accorded by him only. Learned counsel for the State (Vigilance), on the other hand, opposes the submissions of the petitioner and supports the order. Considering the rival submissions of the parties, the primary submission of the petitioner is to the effect that in view of the sanction for the prosecution of the petitioner who is a class III employee having been granted by District Magistrate who is not competent to do so, the entire criminal proceeding as aforesaid be quashed. This Court is unable to accept such submission. Even if there be any error in the order granting sanction for prosecution of the petitioner for want of competency of the authority granting such sanction, the entire proceeding cannot be vitiated in law. In view of the above discussions, I am not inclined to interfere into the matter. However, it will be open for the petitioner, if so advised, to raise all his rights and contentions available in law at the appropriate stage in the Court below which would be considered in accordance with law. The writ application accordingly stands disposed of. Manish/- ( Shailesh Kumar Sinha,J.)