Can Prevention of Corruption Act case be filed against retired public servant?

Tilak Marg Forum for Legal Questions Forums Criminal Law Can Prevention of Corruption Act case be filed against retired public servant?

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months, 1 week ago.

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  • #4845

    Anonymous
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    Hello Sir, a senior government officer retired about one year back. Immediately after his retirement, he has purchased massive properties which he is supposed to have purchased with his ill-gotten money during service. Even during his service this government officer had disproportionate assets to his known sources of income. My question is whether a criminal case under Prevention of Corruption Act be registered against him after his retirement if he was in possession of disproportionate assets during the period when he was in service?

  • #4847

    The offence of possessing assets disproportionate to the known sources of income is defined under clause (e) of Section 13(1) of the Prevention of Corruption Act, 1988, which is reproduced below:

    13. Criminal misconduct by a public servant.—(1) A public servant is said to commit the offence of criminal misconduct,—

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    (e) if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income.

    Explanation.—For the purposes of this section, “known sources of income” means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant.”

    It is clear from the above provisions that even if a public servant has, at any time during period of his office, been in possession of assets, etc., subject to other conditions of the said provision, the offence under Section 13(1)(e) of the said Act is made out.

    Therefore, if the retired senior government officer, referred to by you, was in possession of disproportionate assets at any time during his service, the said offence is made out against him.

    It is also noteworthy that the above offence is punishable with a maximum of 10 years’ imprisonment. Therefore, there is no limitation period for taking of cognizance in such offence. Accordingly, even though he retired one year back, if the offence of disproportionate assets was committed by him at any time during his service, such offence can still be registered even after his retirement.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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