STATE Vs. VIJAY RAJMOHAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the Central Bureau of Investigation (CBI) challenging the order dtd. 13/12/2018 passed in Crl.M.P.No.3908 of 2018 in C.C.No.03 of 2018 by the learned Principal Special Judge for CBI Cases, VII Additional City Civil Court, Chennai, discharging the respondent from the charges levelled against him.

(2.) The facts leading to the filing of the present revision petition, in brief, are as follows:- (i) The respondent/A1 was an Official of Central Secretarial Service, Government of India. He was working in various departments of the Central Government, lastly, he was working as Joint Director General of Foreign Trade, Department of Commerce, Government of India. During the period between 1/1/2005 and 31/10/2012 he was working in New Delhi and Bangalore. During the above period, he had acquired assets which were disproportionate to his known and lawful sources of income and as on 31/12/2012 he was found to be in possession of disproportionate assets and pecuniary resources to the tune of Rs.79,17,593.00 in his name and in the name of his relatives for which the respondent did not have satisfactory account.

(3.) The learned Special Public Prosecutor in order to support his contention placed reliance upon the various communications among the sanctioning authority, CVC and CBI and submit that since there arose some doubts concerning transactions between A1 and A2-Trust, the sanctioning authority had sought opinion from the CVC and the CVC after considering the materials, directed the CBI to clarify the doubts. The CBI had properly explained all the doubts raised and the CVC, on being satisfied with the clarifications, finally came to a conclusion that a prima facie case has been made out against the respondent and advised for grant of sanction for prosecution. Then, the sanctioning authority after considering the entire materials placed before it accorded sanction and there was no illegality in the order according sanction.