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2011 Supreme(Pat) 2013

DHARNIDHAR JHA
Naga Ram, son of Mahadeo Ram - Appellant – Appellant
Versus
State Of Bihar through the Vigilance – Respondent


Advocates appeared:
For the Appellant :Sarvshri Rana Pratap Singh, Chittaranjan Sinha, Sr. Advocate Shailendra Kr. Singh, Sumant Singh & Rakesh Kumar “RAKA”, Advocates.
For the Vigilance :Shri Ramakant Sharma, Sr. Advocate

JUDGMENT

Dharnidhar Jha, J. –

Heard learned counsel for the parties.

2. The present appeal preferred by appellant Naga Ram, who retired as Regional Deputy Director of Education, Purnea and was also posted at the same place as Deputy Director of Education, against the order passed by the learned Authorized Officer, Special Court II, Vigilance, Bhagalpur in Confiscation Case no. 5 (c.c.) 2010 / c.c. 1/10 dated 27th July, 2011 by which the learned court below directed the movable and immovable properties worth Rs.1,81,77,499/-, said to be acquired by the appellant as public servant, which were disproportionate to his known sources of income and acquired by commission of offence under section 2(e) of Bihar Special Courts Act, 2009 (hereinafter referred to as the Act) to be confiscated to the State of Bihar.

3. I need not go into the factual matrix of the case because the very order suffers from such incurable illegalities that the same has to be struck down. I have elaborately discussed the provisions of the Act in Shiv Shankar Verma & ors. Vs. The State of Bihar through Vigilance & ors.(S.S. Verma for short) 2011(3) PLJR 813. I have clearly pointed out that Chapter 2 of the Act relate
















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