entire prosecution of the
Appellant in the present Disproportionate Assets (DA) case stood
vitiated.
21. In reply it was pointed out by Mr. Manoj Ohri ... nothing incriminating had been found
against the Appellant, the DA case stood entirely on a different
footing. Mr. Ohri pointed out that
submitted that in statement Ex.PW2/DA
made by PW-2 in DA case against S.K. Bhatia he has stated that
he signed ... Cases 28 (HC). It was held in these two cases if the investigation
is tainted then whole of the prosecution case becomes open to
serious
wife and two children; Ex.PW-6/DA also disclosing that in
case any untoward incident does take place, it should be attributable ... note that the defence
witnesses summoned by the appellant (in DA case filed by the CBI
against the appellant) none of them have been questioned
unbelievable. He further submitted that in the disproportionate assets
(DA) case instituted simultaneously against him, the Appellant was
acquitted by the trial Court ... perusal of the judgment of the trial Court in the DA
case shows that it turned on an analysis of the evidence led in that
competent to go as per citations in High Court/Supreme Court cases. In my view this may be left to Hon'ble higher courts ... found satisfactory. Based on the Vigilance Report and after concluding the DA case, it has been decided by the Management to impose major penalty under
dismissed and the accused was acquitted.
Brief facts of the case are that complainant-Darshan Singh
belongs to Mazbi Caste community & resident ... NAAL JAN PACHHAN HAI, TE TUENU MAIN
GHARO CHIJKA KE AFEEM DA CASE PUA KE TAINUE
TERI AUKKAT YAD KARAWANGA".
When he was stopped
adversely affecting the pension was passed on 29.06.2012. Since the DA in this case was the President, remedy of filing an appeal was not available ... DA reveals that the DA had only tentatively accepted the advice of the CVC but still had open mind to consider the case
could not have changed his own finding. In this case change of mind by the DA on the advice of the DG (Vigilance) would violate ... same facts and allegations. According to the facts in this case the DA had already ordered departmental inquiry in the matter before the applicant
inter alia, considered the name of the applicant. Meanwhile, a DA case was registered against the applicant by the CBI in October, 2009. In November ... been appreciated by the Additional Secretary himself.
5. On 14.10.2009, a DA case was instituted by the CBI vide RC 44(A)/2009. The applicant
VendorĀcumĀProprietor
Serial number of the case : 193/04
CC No. 193/04
DA Vs. Kapil Dev Page 1 of 63
Date ... announced on : 29/03/14
Brief facts of the case
1. In brief the case of the prosecution is that on 21.06.2004 at about