SURENDRA NATH VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the impugned order dated 15.12.2003 of the Special Judge, Vigilance, Patna, passed in Special case No. 79 of 1992 whereby the petitioner's prayer for discharging him was dismissed and framing of charge against the petitioner was ordered.

(2.) Initially first information No. 39 of 1992 dated 2.11.1992 was filed in this case and thereafter on completion of investigation charge-sheet No. 01 of 2000 dated 4.1.2000 for offences under Section 5(2) read with Section 5(1 )(e) read with 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, was filed against the petitioner.

(3.) The petitioner, during the relevant check period 1959 to 1979 was serving as a Divisional Manager in the State Ware Housing Corporation, Maurya Complex. The facts in brief as mentioned in the charge-sheet is that during the check period the petitioner received a total salary of Rs. 1,23,850/- and after deduction of necessary expenses in maintenance of his family total saving of Rs. 41,283/- would be allowed as saving money. That the petitioner received a sum of Rs. 8175/- from LIC. Further he received a sum of Rs. 18, 192/- through sale of different plots of land which was gifted by petitioner's mother-in-law to petitioner's wife. The petitioner further received a sum of Rs. 92500/- through sale of land standing in the name of his wife. Besides, this a sum of Rs. 38281/- was received by the petitioner under different LIC policies and a sum of Rs. 1500/- was also taken by the petitioner as loan from his GPF. Thus the total savings as shown in the charge-sheet, was of Rs. 1,99,931/-.