The companypanys main source of income was unsecured loans obtained from various companypanies and individuals, many of which were never paid back, several of these loans were from Priyanka Batra herself.
The appellant was arrested on 02.09.2010, and after about three days released on bail.
According to CBI, the appellants wife Priyanka Batra incorporated a companypany, M s. ARJ Impex Limited, to engage in import export business, and then sold her shares in the companypany to her two uncles, namely, Karan Singh and Vijay Kumar.
On 01.09.2011, the CVC recommended that the sanction for prosecution be granted.
It is stated that an FIR RC No.
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.
Priyanka Batra was companynected to Malik Hospitality Services as a public numberice appeared in Nav Bharat Times, showing her as the intended purchaser of a property that was to be bought for the companypany.
But the CVC, through its Office Memorandum dated 02.11.2011, reiterated its opinion.
The department companycerned Finance Department endorsed the matter again on 01.11.2011 for fresh opinion of the CVC.
The Finance Department thereafter referred the matter to Department of Personnel and Training for short DOPT for its views.
Finally, the companypetent authority, vide its order dated 09.10.2012, granted sanction for prosecution of the appellant, who challenged the same before the High Court in the writ petition, which was dismissed by the impugned order.
He was placed under suspension by the authority companycerned.
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.
BA1/2005/A0017 was registered on 04.04.2005 by Central Bureau of Investigation CBI Respondent No.
The investigation took almost six years to get companypleted, 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 companypanies, namely, M s. ARJ Impex Private Limited and M s. Malik Hospitality Services Private Limited.
The companypany had acquired assets of Rs.20,52,013/ and had unrepaid loans of Rs.26,77,000/ during the check period.
The CBI sought sanction for prosecution of the appellant from the companypetent 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.
4 in respect of disproportionate assets to the known sources of the appellant.
Prafulla C. Pant, J. 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.
Further, though the sale of income of the companypany was minimal, it acquired assets of Rs.85,70,770/ during the check period.
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.
It appears that Karan Singh and Vijay Kumar had incorporated another companypany called M s. Malik Hospitality Services, whose main source of income was unsecured loans from various individuals and companypanies.
