GODABARI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the Order Dated 04.06.2007 passed by the Special Judge (Vigilance), Berhampur in G.R. Case No. 2 of 1995 (V) rejecting an application filed by the Petitioner under Sec. 239 Criminal Procedure Code.

(2.) The Petitioner has been implicated for commission of offence under Sec. 13(1)(e) read with Sec. 13(2) of the Prevention of Corruption Act. Case of the Petitioner is that initially he entered into the service of Orissa Road Transport Company (a private company) as a Lower Division Clerk on 02.12.1964. In June, 1979, he was promoted as a Junior Accountant. On 13.08.1990, the said company was taken over by the Orissa State Road Transport Corporation. Thereafter, the Petitioner was promoted to the post of Public Relation Officer. According to the Petitioner, one J. Rama Chandra Rao, Inspector of Police (Vigilance), who had personal enmity with him, raided his house and office after obtaining search warrant from the Court and ultimately submitted charge sheet showing disproportionate assets to the tune of Rs. 5, 87, 384.00 in his possession without taking into consideration his income from different sources to the tune of Rs. 8,72,435.00. As, according to the Petitioner, he is not a public servant, he filed a petition praying for discharge. But, the Learned Special Judge (Vigilance), by the impugned order, rejected the said application, with the finding that there is prima facie case against the Petitioner for being in possession of assets disproportionate to his known sources of income,

(3.) Learned Counsel for the Petitioner submitted that the investigation was perfunctory and perverse inasmuch as the Investigation Officer had not taken into account all the legal sources of income of the Petitioner before filing the charge sheet. Moreover, the Petitioner does not come under the purview of Public Servant since originally he is an employee of a private company. It was incumbent upon the Trial Court to verify the legal sources of income of the Petitioner and his plea that he is not public servant. Instead of doing that, it has rejected the application filed under Sec. 239 Code Criminal Procedure which is illegal and arbitrary.