MANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant revision petition is directed against order dtd. 25/2/2019 passed by learned Special Judge, CBI, SAS Nagar (Mohali) vide which an application filed on behalf of the petitioner-accused under Sec. 227 Cr.P.C. for his discharge has been dismissed.

(2.) A few facts necessary to notice for disposal of this petition are that the petitioner is a former IAS Officer, who retired on 31/3/2015 on attaining the age of superannuation. The petitioner had remained posted in the State of Punjab and held different assignments. A Vigilance inquiry i.e. Inquiry No. 2/2014 was initiated against the petitioner on 29/1/2014 on the allegation that the petitioner had amassed wealth much in excess of his known sources of income. The said inquiry was entrusted to Shri B. Chander Shekhar, IPS, I.G., Vigilance Bureau, Punjab. Response of petitioner was sought with regard to the movable and immovable assets owned by him as well as dependent members of his family, which was duly furnished on 21/7/2014. Both the sons of the petitioner as well as his wife were shown to be having independent income and were income tax payees. Income and expenditure chart was prepared by the Vigilance Bureau and given to the petitioner on 5/5/2015 for his comments which was received by way of representation dtd. 14/5/2015 and an income of Rs.5,36,34,528.00 was stated to be there in addition to the income of Rs.4,57,54,983.00 which had been assessed by the Vigilance Bureau. It was, thus, claimed that the petitioner had a total income of Rs.9,93,89,511.00 during the check period 1/4/1998 to 31/3/2014 and that as such, the expenditure, which had been assessed as Rs.7.5 crores, was less than the said income.

(3.) FIR No. 12 dtd. 26/8/2015 was lodged against the petitioner at Police Station Vigilance Bureau, Phase-I, Mohali with the allegation that while the income of the petitioner, as per his known sources, was Rs.4,79,82,910.00during the check period 1/4/1998 to 31/3/2014, the petitioner had, however, incurred an expenditure of Rs.7,55,74,250.00. In other words, an expediture of Rs.2,75,91,340.00 was alleged to have been made in excess of known sources of income. Upon conclusion of investigation, a challan was presented on 8/3/2017 (Annexure P-4). The petitioner moved an application dtd. 31/8/2018 (Annexure P-7) seeking his discharge. The trial Court considered the matter pertaining to consideration of charge and upon finding sufficient grounds to frame the same, ordered accordingly and charges were framed on 31/8/2018 itself. At this stage, it is relevant to refer to a paragraph from the said order dtd. 31/8/2018 (Annexure P-8), which is reproduced herein-under :-