VINCENT GEORGE Vs. CBI

JUDGEMENT

(1.) THE petitioner has challenged the impugned order dated 18.07.2013 and 19.07.2013 passed by learned Special Judge, CBI -03 (PC Act) , Tis Hazari Court, Delhi in CC No. 01/2013 arising out of RC No. 4/2001/CBI/SIU -IX (EOU -VII/ New Delhi) titled as 'CBI vs. Vincent George' whereby the petitioner was summoned for the offence punishable under Sections 13(1)(e) of Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act') .

(2.) SHORN off unnecessary details, the facts of the case are that on 14.03.2000 on the basis of source information, preliminary inquiry No. PES19/2000/E0002 was registered. During the course of preliminary inquiry it transpired that the petitioner was a public servant during the period November, 1984 to November, 1989 and December, 1989 to December, 1990. During the said period, the total income of the petitioner, his wife and his minor children namely Master Dennis George and Ms. Priyana George from known sources of income was Rs. 8,84,772.99/ - (Rupees Eight lakhs eighty four thousand seven hundred seventy two and ninety nine paise) . Prior to 1984 the petitioner and his family members were in possession of moveable assets worth Rs. 1,56,722/ - (Rupees One lakh fifty six thousand seven hundred twenty two) . The petitioner and his family members had acquired moveable and immoveable assets during the period November, 1984 to December, 1990 to the tune of Rs. 18,82,417/ - (Rupees Eighteen lakhs eighty two thousand four hundred seventeen only) . The expenses incurred by the petitioner and his family members during the said period were Rs. 1,20,286.81 (Rupees One lakh twenty thousand two hundred eighty six and eighty one paise) . Thus, the preliminary inquiry revealed that disproportionate assets found in possession of the petitioner and his family members at the end of December, 1990 were Rs. 9,61,308.82 (Rupees Nine lakhs sixty one thousand three hundred eight and eighty two paise) . On the basis of preliminary inquiry, FIR bearing Crime No. S - 19/1999 E 0006 dated 20.03.2001 for the offence punishable under Section 13(2) read with Section 13(1)(e) of the Act was registered.

(3.) VIDE impugned order dated 18.07.2013 the final report was not accepted and the petitioner was summoned for the offence punishable under Section 13(2) read with Section 13(1)(e) of the Act.