Case Law Details
S. K. Srivastava, IRS (Retd.) Vs CBI & 4 Ors. (Allahabad High Court)
The petition is filed by retired official to quash charges in respect of offense of cheating, criminal conspiracy and Corruption against him.
In the present case, the allegation against the applicant during December 2018 to 11 June 2019, indulged in acts of omission and commission adverse to the interest of revenue. It is further alleged that the orders passed by the applicant in the capacity of an appellate authority were antedated i.e. after his retirement on 11 June 2019. The orders were uploaded on the ITBA system after determining the office.
High Court states that, the allegation against the applicant is that by virtue of his position as appellate authority he dishonestly and fraudulently adjudicated 13 appeals outside his jurisdiction conspiring with the co-accused, thereby, causing wrongful loss at Rs. 7.26 crores to the revenue. Therefore, the court, while dismissing the appeal opined that there is prima facie evidence in support of the charges. The submission of the learned counsel for the applicant that the criminal prosecution does not constitute the ingredients of the offence against the applicant, lacks substance.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
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