CBI cancels FIR - Retired Income Tax Assistant Commissioner to be paid retirement benefits: CAT
THE applicant before the CAT was an Assistant Commissioner of Income Tax, who retired on 30.6.2008. The Central Bureau of Investigation (CBI) registered an FIR dated 2.2.2005 under Section 13(2) read with Section 13(1)(c) of the Prevention of Corruption Act, 1988, for the applicant acquiring assets disproportionate to his known sources of income. CBI, after investigation has sent report for cancellation of the FIR in the year 2007, and even though a period of four years has gone by, decision by the Magistrate dealing with the case to accept the cancellation report or not, is still pending. The short and simple case of the applicant is that when no judicial proceedings are pending against him, withholding his retirement benefits would be illegal.
The Central Administrative Tribunal observed that the CBI, has already recommended cancellation of the FIR. The matter is pending before the Magistrate for consideration of the cancellation report. It is only after the Magistrate may not accept the cancellation report and may order further investigation in the matter, and on such investigation the CBI collects sufficient evidence which may sustain conviction and the Magistrate may take cognizance, that judicial proceedings can be said to be pending against the applicant.
So the CAT ordered that the full pension of the applicant shall be restored forthwith and arrears on that count shall be made over to him as expeditiously as possible and definitely within a period of six weeks. The applicant had also asked for interest, which the Tribunal did not grant.