SARWAN SINGH Vs. STATE
LAWS(J&K)-2020-12-2
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 17,2020

SARWAN SINGH Appellant
VERSUS
STATE Respondents




JUDGEMENT

SANJAY DHAR,J. - (1.)Through the medium of the instant petition, the petitioner has challenged F.I.R No. 02/2019 for offence under Section 5(1) (e) read with Section 5(2) of J&K Prevention of Corruption Act, registered with Police Station, Anti Corruption Bureau, Jammu.
(2.)The facts giving rise to the filing of the instant petition are that a secret verification on the basis of a complaint was undertaken by Police Station, Anti Corruption Bureau, Jammu against the petitioner herein, who was posted as Technical Officer to Chief Engineer, PHE, Jammu at the relevant time. During the secret verification, it was revealed that the petitioner had acquired huge assets, both movable and immovable, that were disproportionate to his known sources of income by resorting to corrupt and illegal practices and by abuse and misuse of his official position. The details of these properties are given as under:-
(a)A double storey fully furnished palatial house (Ashiana) at Gandhi Nagar Extension, Jammu;

(b) Business activity in the name and style of Electroequip Pvt. Ltd. Located at 38/4 Block G. 3rd Cross Road Bargavi, Platinum Sahakar Nagar, Bangalore, Karnataka;

(c) Business in the name and style of S.A Automation and Communication located at 38/7 Block-G IIIrd Cross Road Bargavi Platinum Sahakar Nagar Bangalore Karnataka;

(d)Flat No. PH07, in Fortuna Sahakar Nagar, near Dominos Pizza Bangalore, Karnataka;

(e) Flat in Bhartiya City on the Tannissantra Main Road Bangalore, Karnataka next to Shoba City Bangalore, Karnataka;

(f) Business Unit in the name and style of S.A Automation in Plot No. 805, Sector No. 82, JLPL Industrial Area Sahibzada Ajit Singh Nagar, Mohali, Punjab;

(g)Flat bearing No. 30 in Employees Co-operative House Building Society Section 68 Sahibzada Nagar Mohali Punjab;

(h)Business unit in the name and style of M/S Janta Cement Tiles, Bricks and Block Factory in II-D Extension Centre, Govindsar, Kathua;

(i) Partnership in M/S Shakti Flour Mills at Saranoo Kalakote in District Rajouri.

(3.)It was revealed that the petitioner had accumulated the aforesaid properties/assets either in his own name or in the name of his family members by abusing and misusing his official position as a public servant. Thus, a case of criminal misconduct as referred to in Section 5(1) (e) of J&K Prevention of Corruption Act punishable under Section 5(2) of the said Act was prima-facie established and formal F.I.R bearing No. 02/2019 was registered against the petitioner, who has challenged the aforesaid F.I.R on the following grounds:-
(a) That the allegations made in the F.I.R are without any basis and the same are factually incorrect.

(b) That the properties mentioned above do not belong to the petitioner but some of these properties belong to his son, who is an Engineer by profession and has his own trading business.

(c) That the properties, which the petitioner actually owns, have been regularly reflected by him in his annual property returns.

(d) That the F.I.R is actuated by malafides inasmuch as, the purpose of lodging the same was to deny promotion to the petitioner and to promote the junior officers of the petitioner over and above him.

(e) That a detailed inquiry has been conducted by the Chief Engineer, PHE, Jammu with regard to same issue, which is subject matter of the impugned F.I.R, whereafter, the petitioner has been exonerated of all the charges and

(f) That the impugned F.I.R is nothing but outcome of malice and concoction.

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