P.S. RAJYA versus THE STATE OF BIHAR

Citation: [1996] SUPP. 2 S.C.R. 631 · Decided: 09-05-1996 · Supreme Court of India · Bench: A.S. ANAND
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Judgment (excerpt)

P.S. RAJYA 
A 
v. 
THE STATE OF BIHAR 
MAY 9, 1996 
[DR. AS. ANAND AND K. VENKATASWAMI, JJ.] 
B 
Prevention of Comtption Act, 1947 : 
S.5(2) r/w.s.5(1)(e}-Jncome Tax OfftceI-Assets alleged to have been 
found disproportionate to his income-Criminal proceedings initiated by C 
C.B.J.-Depmtmental inquiry culminated in exoneration of delinquent on the 
basis of report of Central Vigilance Commission, which was concurred by the 
UPSC--Central Vigilance Commission found the valuation of assets done by 
Income Tax Department not disproportionate to tize income of the 
employee-Petition for quashing the criminal proceedings dismissed by High 
Court-Held, 011 the peculiar facts of the case, criminal proceedings initiated D 
against the appellant can not be pursued-The Charge in the departmental 
proceedings and the aiminal proceedings is one and the same-Conduct of 
CB.I. in dealing with the case and the manner in which it got the assets 
revalued cannot be appreciated. 
Code of Criminal Procedure, 1973 : 
S.482-Criminal Proceedings-Effect of exoneration of employee in 
departmental proceedings on identical charges-Criminal proceedings under 
Prevention of Corruption Act-Valuation of assets being basis of prosecu-
tion-Departmental proceedings on self-same charges culminating in exonera-
tion of delinquent on the basis of report of the Central Vigilance Commission 
which was concurred by UPSC-Petition for quashing criminal proceedings 
dismissed by High Court-Held, standard of proof required to establish guilt 
E 
F 
in a criminal case is far higher than that required to establish guilt in 
departmental proceedings-When the charge which is identical could not be 
established in departmental proceedings, and in view of the discrepancies in G 
the reports, there is no reason to proceed further against the employee in 
criminal proceedings-Circumstances in which criminal proceedings can be 
quashed-Reiterated. 
State of Haryana and Others v. Bhajan Lal and Others, [1992] Supp. 
1 SCR 335, relied on. 
H 
631 
632 
SUPREME COURT REPORTS (1996\ SUPP. 2 S.C.R. 
A 
P. Sirajuddin v. State of Madras, [1970] 3 S.C.R. 931, referred to. 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 
434 of 1996. 
From the Judgment and Order dated 3.8.93 of the Patna High Court 
B in Crl. Misc. C. No. 5212 of 1992. 
Prashant Bhushan for the Appellant. 
B.B. Singh, P. Parmeshwaran and S.N. Terdol for the Respondents. 
C 
The following Order of the Court was delivered : 
D 
K. VENKATASWAMI, J. Heard learned counsel for the parties. 
The appeal was allowed with costs by our Order dated 27.3.1996 
reserving the reasons to be given later. Now the reasons are given. 
The short question that arises for our consideration in this appeal is 
whether the respondent is justified in pursuing the prosecution against the 
appellant under section 5(2) read with section 5(l)(e) of the Prevention of 
Corruption Act 1947 notwithstanding the fact that on an identical charge 
E the appellant was exonerated in the departmental proceedings in the light 
of a report submitted by the Central Vigilance Commission and concurred 
by the Union Public Service Commission. 
Short facts are as under : 
p 
The appellant started his career in a college in the year 1955 and 
switched over to TISCO in the year 1959 till he was selected and appointed 
as Inspector in the Income Tax Service in the year 1961. The appellant's 
wife was also a teacher in the Central School at Bokaro steel city. She was 
allotted on long lease a plot at Bokaro in the year 1980 for a sum of Rs. 
20,000 by the Steel Authority of India Limited (for short" SAIL"). As per 
G terms and conditions imposed by SAIL, shops in the ground floor an.d 
residence at first floor were constructed by the appellant \vith his earnings 
as well as the earnings of his wife. The construction was strictly under the 
supervision and on the drawings supplied freeiy by SAIL township 
authority. Subsequently the building was valued by SAIL township engineer 
H at Rs. 4.75 lakhs. 
P.S. RAJYA v. STATE 
633 
The appellanl in the meanwhile got promotion and was functioning A 
as Income-tax Officer A-Ward, Dhanbad from 1981to1985. It appears that 
in the course of discharge of his duties, he impounded the books of 
accounts of certain business people who seemed to have complained to the 
local Congress Party M.P. who in turn complained about the appellant to 
the Minister of Finance with a request to transfer the appellani and to B 
order
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