M L SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant prays to quash an FIR being No.RC3(A)/1998 GNR filed by C.B.I. for the offence under section 13(1)(c) read with 13(2) of Prevention of Corruption Act. Sole question raised herein, is based on the plea that continuation of criminal proceeding is bad and illegal when on same set of facts, case against the applicant was not found acceptable in departmental proceeding.

(2.) Short facts are thus ; It appears that the applicant joined government services on 23.12.1968 as Assistant in the Department of Company Affairs. Then on 07.08.1990, the applicant was selected to the post of Joint Director (Legal) in the office of Regional Director, Bombay. Thereafter, the applicant was appointed as Registrar of Companies at Ahmedabad. He was on the said post from June 1993 to February 1996. On 09.01.1998, an FIR was lodged against the applicant for the above referred offence alleging that compare to his known source of income, he possess disproportionate assets. Investigation was taken up by C.B.I. Gandhinagar. At the end of investigation, chargesheet was filed on 23.06.2002. It appears that on the date of filing of chargesheet, notice of initiation of departmental inquiry was issued by the Department. Accordingly, departmental inquiry was carried out which inter alia includes ground of applicant's possession of disproportionate assets compare to his known source of income. Report of Inquiry Officer is dated 06.08.2003.

(3.) Heard the learned advocate for the parties.