ANJALI PANDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, by filing this revision, has prayed for examination of the legality and propriety of an order dated 18.8.2016 passed by the learned Special Judge, Special Court, Bhubaneswar in T.R. No.14/18 of 2015-2013 arising out of Koraput Vigilance P.S. Case No.1 of 2010.

(2.) On the strength of search warrant issued by the Chief Judicial Magistrate, Jeypore in Vigilance Misc. Case No. 133 of 2009, the residential house of Prasanta Kumar Panda, who was then working as Executive Engineer, Rural Works Division, Nuapada situated at Nilakanthanagar, Nayapalli, Bhubaneswar, his ancestral house at Sarankul in the district of Nayagarh and his official chamber as well as the residential house at Telipada Chhak at Nuapada taken on rent in his work place, were searched on 7.8.2009. The said search has led to institution of Koraput Vigilance P S. Case No.1 of 2010 against the petitioner based on the written report of Mr.T.Jaga Rao Reddy, Inspector of Vigilance, Bhawanipatna on the allegation that said accused, being a public servant, is in possession of assets disproportionate to his known sources of income to the tune of Rs. 39,11,339/-, taking into account his entire service period since 1983 till the date of search.

(3.) Learned counsel for the petitioner submitted that this petitioner is the wife of a public servant and in the charge-sheet, the petitioner has been shown as an accused with her husband that she abetted her husband in acquiring disproportionate assets. It was submitted that the petitioner was an income tax assessee since 1998-99 and filing income tax returns as required under law. It had been submitted that the petitioner and her husband had in total taken loan of Rs. 21,25,000/- for building the house and the valuation of the building as has been made in between 20.9.2010 to 22.9.2010 is Rs. 20,85,970/-. Although the petitioner has availed a loan to the tune of Rs. 9,40,000/-from LIC Housing Finance Limited, that has not been taken into account despite the positive statement of one Somanath Patnaik, who belongs to that Housing Finance in that regard.