SOBHA GOYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since the grievance raised are similar, both the writ petitions are being disposed of by this common order. Both the petitions have been filed against the order placing the petitioners under suspension in exercise of powers conferred under Rule 13 of the Rajasthan Civil Services (CCA) Rules, 1958 by the State Government vide order dt. 31/03/2010 after the First Information Report (FIR) under the provisions of the Prevention of Corruption Act being registered at the stage when sanction for prosecution was granted by the authority.

(2.) Counsel submits that two FIRs were registered against the petitioner-Dr.Sobha Goyal. However, in first FIR No.148/2003 which was registered under Section 7, 13(1)(d)(2)P.C.Act, 1988 and Section 120B IPC, Final Report (FR) was submitted by the Investigating officer which has been accepted by the competent court of jurisdiction. However, at the same time, in FIR No.277/2003, which was in regard to disproportionate assets, the investigating officer filed application for taking sanction for prosecution. However, while granting sanction for prosecution, order of suspension has been passed by the authority.

(3.) Counsel submits that the very basis to hold that the joint property owned by the petitioners is disproportionate to their income, is ill founded and the prosecution has assessed the value of the property/plot on the basis of the current rates and not the prevalent rates on which it was purchased and only on that count, high valuation of the property has been assessed while prima-faice holding that their property is disproportionate to their known sources of income and in such circumstances, the respondents have not applied their mind while granting sanction for prosecution and so also placing the petitioners under suspension under order impugned dt. 31/03/2010.