Prafulla C. Pant JUDGMENT
Prafulla C. Pant, J.
1. This appeal is directed against judgment and order dated 29.10.2013, passed by the High Court of Judicature at Bombay in Criminal Writ Petition No. 3654 of 2012, whereby the petition challenging the sanction dated 09.10.2012 for prosecution of the Appellant Under Section 13 of the Prevention of Corruption Act, 1988 is dismissed.
2. Brief facts of the case are that the Appellant is an officer of cadre of Indian Revenue Service (for short "IRS"), who entered into the service through 1992 batch. It is stated that an FIR RC No. BA1/2005/A0017 was registered on 04.04.2005 by Central Bureau of Investigation (CBI) (Respondent No. 4) in respect of disproportionate assets to the known sources of the Appellant. The prosecution case is that the Appellant has amassed the assets valued at Rs. 1,27,38,353/- in his name and in the names of his wife and minor son during the check period 04.01.1993 to 31.03.2004, which is disproportionate to the known sources of his income. The investigation took almost six years to get completed, which revealed that a sum of Rs. 56,30,296/- was invested by the Appellant through Benami transactions in the names of his wife and son in two companies, namely, M/s. ARJ Impex Private Limited and M/s. Malik Hospitality Services Private Limited. According to CBI, the Appellant's wife Priyanka Batra incorporated a company, M/s. ARJ Impex Limited, to engage in import-export business, and then sold her shares in the company to her two uncles, namely, Karan Singh and Vijay Kumar. The company's main source of income was unsecured loans obtained from various companies and individuals, many of which were never paid back, several of these loans were from Priyanka Batra herself. Further, though the sale of income of the company was minimal, it acquired assets of Rs. 85,70,770/- during the check period. It appears that Karan Singh and Vijay Kumar had incorporated another company called M/s. Malik Hospitality Services, whose main source of income was unsecured loans from various individuals and companies. The company had acquired assets of Rs. 20,52,013/- and had unrepaid loans of Rs. 26,77,000/- during the check period. Priyanka Batra was connected to Malik Hospitality Services as a public notice appeared in Nav Bharat Times, showing her as the intended purchaser of a property that was to be bought for the company.
3. The Appellant was arrested on 02.09.2010, and after about three days released on bail. He was placed under suspension by the authority concerned. The CBI sought sanction for prosecution of the Appellant from the competent authority on which the file was processed, and at the first stage on 03.05.2011 advice of Central Vigilance Commission (CVC) was sought by the Finance Department. On 01.09.2011, the CVC recommended that the sanction for prosecution be granted. The department concerned (Finance Department) endorsed the matter again on 01.11.2011 for fresh opinion of the CVC. But the CVC, through its Office Memorandum dated 02.11.2011, reiterated it........