IMPORTANT POINTS
(i) A Chief Minister or a Minister is in the pay of the Government and, is therefore, a public servant within the meaning of Section 21(12) of Penal Code.
(ii) At the time of framing of charges, the court should take into consideration only the police report & the documents sent with it.
(iii) Order framing charges is an interlocutory order & no revision lies against such an order.

JUDGMENT

S.N. Bhargava, C.J. - A criminal case was initially registered by the CBI against the petitioner, Shri Nar Bahadur Bhandari on 265-1984 and an investigation was started but before charge sheet could be filed, the State Government of Sikkim, withdrew the consent earlier accorded by it under Section 6 of DSPE Act, 1946 empowering the. CBI/SPE to conduct investigation in the State of Sikkim and thereafter, the investigation was suspended. Order of withdrawal of consent was challenged in the Supreme Court in Writ Petition No. 313/93 filed by Shri Kazi Lhendup Dorji, former Chief Minister of Sikkim by way of a Public Interest Litigation. 'The Writ Petition was allowed vide order dated 29-3-1994 and the Hon'ble Supreme Court found that the Notification dated 7-1-1987 withdrawing the consent operates only prospectively and, therefore, it did not preclude the CBI from submitting its report under Section 173 Cr. P.C. before the competent Court. Thereafter, investigation was again started and charge sheet was filed in the Court of the Special Judge at Gangtok on 144-1994 against the petitioner for offence/Punishable under Section 5(2) r/w 5(1) (e) of the Prevention of Corruption Act, 1947 corresponding to section 13(2) read with 13(1)(e) of Prevention of Corruption Act, 1988 against the petitioner.

2. The prosecution case, in brief, is that the petitioner, Shri Nar Bahadur Bhandari, former Chief Minister of Sikkim while holding the office of the Chief Minister from October, 1979 to May, 1984 misused his official position as a public servant and acquired assets disproportionate to his known sources of income in his own name and in the name of his wife, Smt Dil Kumari Bhandari. The investigation revealed that before becoming the Chief Minister of Sikkim, the petitioner was appointed as a teacher in the Government Middle School, Chakung on 2.3.1968 in the scale of Rs. 903-210. He served as a teacher till January, 1974 and resigned from the said post w.e.f. 2.2.1974. He thereafter formed a political party in the name and style of Sikkim Janata Parishad and contested elections to the Sikkim Legislative Assembly in 1974 but was defeated. He again contested the next Assembly elections held in October, 1979 and was elected. Thereafter, he was appointed as Chief Minister of Sikkim on 18-10-1979 and continued as such till 11-5-1984 on which date he was removed from the post of Chief Minister by the Governor of Sikkim.

3. For the purpose of investigation, the entire period during which Shri Bhandari functioned as Chief Minister i.e. from 18-10-1979 to 11-5-1984 was taken as the check period. CBI has given the details of the properties belonging to the petitioner and his wife before 18-10-1979. It has also considered the source of income of both the petitioner and his wife during the check period and the expenses incurred by them as also the total value of the property and assets in the name of the petitioner and his wife at-the end of the check period and ultimately found that Shri Bhandari was in possession of assets worth Rs. 8,55,072/, as against his likely savings of Rs. 2,17,802/- leaving a gap of Rs. 16,37,270/- which Shri Bhandari could not explain in spite of all opportunities given to him and his wife. Thus he was in possession of assets disproportionate to his own sources of income which he acquired by misusing his official position as a public servant.

4. Notices were issued to the petitioner and after hearing the parties, the Special Judge passed the detailed order dated 11-8-1995 holding that there was a prima facie case against the petitioner for having committed offence punishable under Section 5(2) read with Section 5(1) (e) of the Prevention of Corruption Act, 1947 corresponding to Section 13(2) read with Section 13(1) (e) of P.C. Act, 1988. Thereafter, the learned Special Judge framed the following charge on 8-9-1995.

"CHARGE

I, A.P. Subba, Special Judge, P.C. Act, Sikkim at Gangtok charge you Shri Nar Bahadur Bhandari a