1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 99 OF 2009 IN CRIMINAL WRIT PETITION NO. 2225 OF 2007 Devendra S. Doctor ..Applicant Vs. 1. The State of Maharashtra and ors. ..Respondents Mr. Devendra S. Doctor in person present. Smt. V.R. Bhosale, APP for State. Mr. Khambata, Addl. Solicitor General with Mr. J.C. Satpute and Mr. A.S. Gadkari for respondent nos.2 and 3. Mr. Suresh Kumar for respondent nos. 5 and 6. CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. October 08, 2009. P.C. 1. Heard Shri Doctor, the applicant party-in-person, Mr. Khambata, the learned Additional Solicitor General along with Mr. Satpute, the learned standing counsel for respondent nos. 2 and 3 and Mr. Suresh Kumar appears for respondent nos. 5 and 6 in Criminal Application No. 99 of 2009. 2. Mr. Khambata, the learned Additional Solicitor General, stated before us that the investigation by CBI is completed and a draft charge-sheet is ready. He has placed before us a copy of the letter dated 8/9/2009 addressed by the Deputy Inspector General of Police, CBI ACB, Mumbai to the Director General of Income Tax (Vigilance) and 2 Chief Vigilance Officer, Central Board of Direct Taxes, New Delhi. On perusal of the same, it is clear that the CBI has applied for issuance of prosecution sanction order against Shri Ajoykumar Singh, Commissioner of Income Tax, Nagpur, as required under Section 19(1)(a) of the Prevention of Corruption Act, 1988. The said communication has also referred to the judgment of the Supreme Court in Vineet Narain case which stipulated that the time limit to grant such sanctions is of three months. We hope that within the stipulated period, the Director General of Income Tax (Vigilance) and the Chief Vigilance Officer passes appropriate order on the said application dated 8/9/2009 submitted by the CBI. 3. However, in the meanwhile, the CBI is not prevented, in law, from submitting the charge-sheet before the Special Court awaiting the sanction as applied for under Section 19(1)(a) of the Prevention of Corruption Act, 1988 and the application of the CBI clearly states that there is sufficient material for launching prosecution under Section 109 of IPC and Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 against Shri Ajoykumar Singh and his family members as well as close relations. We, therefore, direct that the CBI shall file the charge-sheet on the basis of its report submitted to the Director General of Income Tax (Vigilance) and the Chief Vigilance Officer vide its application dated 8/9/2009 within a period of two weeks from today before the Special Court (CBI Court at Mumbai). 4. Shri Doctor has also invited our attention to an earlier order passed by this court on 23/10/2008 by which the Chairman of the Central Board of Direct Taxes was directed to place on record the action taken report within eight weeks setting out therein 3 as to whether any action is taken against Shri Ajoykumar Singh and Shri Doctor further submitted that no action has been taken against the said officer till this date. The application of the CBI dated 8/9/2009 along with its report is, in our opinion, sufficient material for the Chairman of the Central Board of Director Taxes or the Director General of Income Tax (Vigilance) and the Chief Vigilance Officer to proceed further against Shri Ajoykumar Singh so as to take appropriate action under the Service Rules applicable to him so that he would not, in any way, influence the witnesses or the trial before the Special Judge. We, therefore, direct that such an action is taken expeditiously and preferably within a period of six weeks from today. Shri Doctor has also invited our attention to the directions given by this court in para 3 of the earlier order dated 6/2/2009 and we hope that the concerned authorities will act accordingly. 5. With the above observations, the application stands disposed off. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)