The main legal point established in the judgment is that properties acquired through the commission of an offence defined under Section 2(d) of the Bihar Special Courts Act, 2009 are subject to confiscation, and the burden of proof lies with the public servant to provide evidence and explanations for the acquisition of such properties.

Dharnidhar Jha, J.-The appellants were respondents before the learned Authorized Officer , Special Court II. Vigilance, Patna in Special case No. 7 of 2010 which arose out of Vigilance P.S. Case No. 39 of 2006. The appellants challenge the order passed by the learned Authorized Officer designated under Bihar Special Courts Act. 2009 (hereinafter referred to as the 'Act') dated 23rd June, 2011 on a petition filed under Section 13 of the Act directing the confiscation of the properties described in Schedules A and B of the petition and further directing the appellants to surrender and deliver the possession over the properties contained in Schedules A and B of the petition in favour of the District Magistrate Patna who was authorized by the learned Authorized Officer to take possession of the same within thirty days of the impugned order. An alternative direction was also issued to the, District Magistrate. Patna that in case of refusal on behalf of the appellants to surrender the properties as directed by the Authorized Officer possession over the properties shall be resumed by the District Magistrate even if it required use of some force.

2. The facts leading to the passing of the impugned order may be noticed, Undisputedly, the appellant Girish Kumar was appointed as a clerk on compassionate ground on account of the demise of his father Siddheshwar Sharma in Patna Treasury, Collectorate. Patna. The appellant was appointed in 1992 and from 1992 to 2004 he had reportedly, amassed huge properties in various forms to the tune of Rs.51.10.826. It appears that certain Brajeshwar Prasad Singh had filed a complaint before the Lokayukta, Bihar and that was transmitted for enquiry by the Vigilance Department of the Government of Bihar and. "accordingly after enquiry. Vigilance P.S. Case No. 39 of 2006 was instituted and during investigation of the case, it was found out that the appellant Girish Kumar had amassed the properties by commission of the offence defined under Section 2(d) of the Act and. as such the application was filed under Section 13 of the Act before the Authorized Officer by the State of Bihar.

3. It was stated that the total income of the appellant Girish Kumar from his salary during 1992 to 2004 was Rs.6.95.340 only one third of which came to Rs.2.31.780. In addition to the above the delinquent public servant, i.e the appellant Girish Kumar had also received Rs.72.738 as half of the retiral benefits of his late father, the total of which was Rs.l,45,476 only. It was stated that the total assets which was found in possession of the appellant Girish Kumar either in his own name or in the names of other appellants stood at Rs.51.10.826 and after deducting the sum total of Rs.2.31.780 and Rs.72.738 from the total assets of Rs.51.10.826. the disproportionate asset found in possession of the appellant in any form was of Rs.48.06.308. The split up of the assets in the forms of bank deposits in different accounts standing in" the name of either Girish Kumar or in the names of other appellants was given in Schedule A besides stating that the appellants had a. motorcycle bearing registration number BR-1W-1160 of the value of Rupees thirty eight thousand and he had also purchased a pistol and cartridges 8.8 per licence which was of the value of Rupees forty thousand. In addition to the above the appellant Girish Kumar had a Maroti Zen car costing Rs. 4,48.190 in addition to possessing a tractor and a trailer in the name of his brother Sachchidanand Singh, which was of the value of Rupees three lacs. The immovable properties were described in Schedule B and as per those details the appellant was found in possession of a plot of land measuring 1905 sq. ft. in Shivptui mohalla. Patna and another at Park Road. Kadamkuan. valued at Rs3.67.362 and Rs.5.28.308 respectively, both properties standing in the name of Smt. Safalta Devi. one of the appellants who was the wife of appellant Girish Kumar. A third house was standing in th