GANGADHAR SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Gangadhar Sahoo has knocked at the portals of this Court for the third time by preferring this appeal under section 17 of the Orissa Special Courts Act, 2006 (hereafter '2006 Act') challenging the impugned order dated 21.12.2011 passed by the learned Authorized Officer, Special Court, Bhubaneswar in Confiscation Case No.3 of 2011 in rejecting his petition dated 22.11.2011 filed for dismissal of the confiscation proceeding, holding the same as not maintainable.

(2.) The factual scenario of the case shows that Cuttack Vigilance P.S. Case No.10 of 1984 was instituted against the appellant on the basis of the first information report dated 09.03.1984 presented by Sri P.K. Behura, D.S.P., Vigilance, Cuttack Division, Cuttack which ultimately resulted in submission of charge sheet on 28.09.1988 by Sri B.B. Mohapatra, D.S.P., Vigilance, Cuttack Division, Cuttack under section 5(2) read with section 5(1)(e) of the Prevention of Corruption Act, 1947 (hereafter '1947 Act') against the appellant on the accusation of possession of disproportionate assets to the tune of Rs.5,02,530.86 paisa to his known sources income during the check period from 05.08.1971 to 15.03.1984 after obtaining necessary sanction from the competent authority as per section 6(1)(b) of the 1947 Act. The said case is now subjudiced for trial before the learned Special Judge, Special Court, Bhubaneswar in T.R. Case No.13 of 2008.

(3.) The State Government in Home Department in exercise of the power conferred under section 5 of the 2006 Act made a declaration in respect of the appellant on dated 11.07.2008 which was published in the Extraordinary Orissa Gazette dated 15th July 2008. The declaration reads as follows:-