connected Main Case (R.C-3(A)/91-ACU (I)).
2. The present case is the off-shot of case bearing ... argued that the present case
is an off-shot of the main D.A case. The main case was registered
on 08.08.1991 against
Preliminary Enquiry Registration
Report dated 02.08.2019 in the Disproportionate Asset (DA) cases stated
that „place of the occurrence of the offence‟ as „Mumbai and Rajasthan ... applicant was reluctant to cooperate in the investigation of
the said DA case.
19. It was indicated in the Annexure A1 order that the prayer
fear of him
absconding. The petitioner has placed reliance on the cases of P.
Chidambaram v. Directorate of Enforcement ( 2020) 13 SCC 791,
Ashok Sagar ... check period. It has been submitted that
therefore, the whole DA case as set up by CBI is of notional attribution
recommending/sanctioning officers in case of
the reported fraud cases and rather mechanically shifted all onus on
him.
The DA has awarded the punishments ... during the course of inquiry, and thereafter, in presenting his
case before the DA and the Appellate as also the Revisional Authority.
QUANTUM OF PUNISHMENT
reliance upon the following judgments of this Court to prove his
case:-
( da) State of Rajasthan Vs. Mohan Singh [(1999) DNJ
629], relevant portions ... quoted hereinbelow for the
sake of ready reference:-
"11. In this case, the claim of the respondents-cultivators
was that they were in actual
Personnel CBI which was issued regarding clarification regarding the
investigation of DA cases and it is mentioned wherein that the immovable
properties have ... valued at the registered deed value for the
investigation of DA cases.
17. Complainant has alleged in his complaint that Insp. Shashi Kant Gaur
residential property. The present case is a simple case of joint development agreement between landowner and developer where the DA was to share the ownership ... flats in a certain proportion between them. However, in the present case, the DA is not a simple agreement for construction of commercial complex
this regard, reliance is placed upon
orders passed by the DA in case of co-accused,
identically situated police officers, i.e., HC
Madanlal, Constable ... observation by another DA is not
binding on the present case as each DA reaches its
conclusion on the basis of evidence adduced
therein the case
as to how his case is different and why Delhi High Court judgment in Anuradha
Mookerjee's case does not come ... aside the
Charge Memorandum in the case of Appellant's case is set aside or the case
otherwise attains finality.
12. Further, Appellant
2017
"As the concerned vigilance DA Case No.COM/CC/14/LL/2000/VO was a old
disposed of case | as charge sheet ... very old and disposed of case file the DA case file
is not readily available and thus the applicant was informed accordingly."
The present
