K.SRINIVASA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel-cum-Special Public Prosecutor for ACB Cases, appearing for the 2nd respondent.

(2.) The petitioner is before this Court impugning the order of sanction, dtd. 16/2/2018, issued vide G.O.Ms.No.77, whereby the competent authority was pleased to grant sanction to the 2nd respondent to prosecute the petitioner before the designated Court for the offences punishable under the provisions of the Prevention of Corruption Act, 1988 (for short, "the P.C.Act"). The impugned order is assailed on the short ground of it being vitiated by non-application of mind.

(3.) The facts leading to the filing of the writ petition are that, while the petitioner was working as an In-charge Deputy Commercial Tax Officer at Kadapa, the 2nd respondent initiated investigations and pursuant to that it determined that the petitioner possessed income, highly disproportionate to his known sources of income. On the said basis, search warrants were got issued by the Special Judge for Special Police Establishment and Anti Corruption Bureau Cases, Vijayawada, on 6/10/2010 and in pursuance of the warrants, the residential and office premises of the petitioner and his relatives were searched. The Bank Locker No.16 at Andhra Bank, Emani Village of Duggirala Mandal, Guntur District, was also subjected to search. Pursuant to the searches, inventories were prepared and various articles found in the various premises and the information gleaned from the petitioner and his family members were drawn-up and after giving reasonable allowances, the 2nd respondent computed the income of the petitioner from known sources and concluded that the income from known sources for the relevant check-period amounted to Rs.78,53,578.00 and after giving deductions towards expenses at the rate of 33%, concluded that the assets available in the hands of the petitioner would amount to Rs.44,83,840.00. But, the computation of the assets revealed that the total value of the assets seized amounted to Rs.3,72,90,161.00, in other words, nearly eight times more than the known sources of income. The said materials along with the copy of the F.I.R., statements of witnesses, inventory proceedings and final report were placed before the competent authority and the competent authority, after applying its mind, has proceeded to consider it a case which requires to be taken to its logical end, thereby permitting the prosecution of the petitioner before the designated Court. Paras.4, 5, 7 and 8 of the impugned order read thus: