RAMAYAN PANDEY Vs. UNION OF INDIA THROUGH C.B.I.

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and the learned Counsel for the State.

(2.) Petitioner has filed the instant revision application for setting aside the order dated 21.8.2010 rejecting the Petitioner's application for discharging him for the offence under Sections 120-B, 471, 409 of the IPC and Section 13(2) r/w Section 13(1)(c) of the Prevention of Corruption Act, in connection with R.C. Case No. 21(A)/91(R) pending in the Court of Special Judge C.B.I.-cum-A.D.J. 1st, Dhanbad.

(3.) Learned Counsel appearing for the Petitioner submits that the allegation against the Petitioner in the FIR in brief, is that the Petitioner were functioned in different capacities in Bharat Coking Coal Limited from 1972 and is presently working as Superintending Engineer (E&M) in Area VIII of BCCL. Dhanbad, while posted and functioning in the different capacities in B.C.C.L. he has acquired assets by corrupt and illegal means which are disproportionate to his known sources of income and for which Sri Pandey cannot account for satisfactorily. During the period of his working in BCCL in different capacities as Colliery Engineer, Executive Engineer, Sr. Executive Engineer and Superintending Engineer, he has earned a net salary of Rs. 3,50,000/- approx. In addition, he has taken an amount of Rs. 1,25,000/- as house building loan from his Department and has also declared to have taken a sum of Rs. 69,000/- as loan from the relatives. Thus, his total income from all known sources has been Rs. 5,35,000/- approx. The expenditure of Sri Ramayan Pandey towards day-to-day house hold expenses and on the education of his four children, during the period in question, has been to the extent of Rs. 3,20,000/- approx. Thus, the likely savings of Sri Ramayan Pandey by adducing the total expenditures of Rs. 3,20,000/- from the total income of Rs. 5,35,000/- comes to Rs. 2,15,000/- only. As against the above amount of likely savings, Sri Ramayan Pandey is alleged to have acquired assets worth Rs. 7,15,000/-approx, in the form of a double story house at Kusum Vihar Dhanbad, one Ambassador Car, Hero Honda Motor Cycle, T.V. VCR, Radio, Gold Ornaments, Refrigerator etc. and hence, he is in possession of disproportionate assets to the tune of Rs. 5,00,000/- approxes, which Sri Pandey cannot satisfactorily account for.