The Supreme Court has observed that upon the death of a delinquent officer found to have amassed disproportionate assets, a confiscation proceeding under the Bihar Special Courts Act, 2009, can still be sustained against his wife, a non-public servant.
A bench of Justices Sanjay Karol and N. Kotiswar Singh set aside the Patna High Court's judgment, which had declared the confiscation proceedings against the Respondent-delinquent officer's wife as abated under the Bihar Special Courts Act, 2009, upon the death of his husband/delinquent officer.
Disagreeing with the High Court's observation, the bench observed that when the initial case is registered under Section 13 of the Prevention of Corruption Act, 1988, read with Section 107 IPC (Abetment to Commit an Offence), then a confiscation proceeding can well proceed against the non-public servant even after the death of the delinquent officer.
“(delinquent officer's) death would not let the respondent (wife) 'off the hook' since she had been proceeded against for holding the delinquent officer's, allegedly illegally begotten property right from the time that the authorities became alive to his alleged misdeeds. Still further, we may observe that it is a settled position in law that a non-public servant can be proceeded against when the initial case is registered under Section 13 of PC Act by virtue of Section 107 of Indian Penal Code.”, the court observed, referencing P. Nallammal v. State, (1999) 6 SCC 559.
The case arose from vigilance proceedings initiated by the State of Bihar against Ravindra Prasad Singh, a government officer accused of amassing disproportionate assets between 1975 and 2009. Two FIRs were registered against him under the provisions of the Prevention of Corruption Act, 1988, and the Indian Penal Code, alleging accumulation of illegal wealth worth over ₹12.96 lakh, along with multiple immovable properties and financial investments.
Following the investigation, a charge sheet was filed in 2009. Subsequently, proceedings for confiscation of assets were initiated under the Bihar Special Courts Act, 2009. Notices were issued not only to the accused officer but also to his wife, Sudha Singh, in whose name several assets were held.
In 2013, the Authorised Officer ordered the confiscation of various movable and immovable properties, finding that the income and investments claimed by the wife, allegedly from stitching and tailoring work, were unsupported by credible evidence. The authority also noted non-compliance with service rules requiring disclosure of assets by the public servant.
The confiscation proceedings were challenged by the deceased delinquent officer and his wife before the High Court. During the pendency of the appeal, the delinquent officer passed away, leading to the abatement of the confiscation proceedings by the High Court against the wife.
Aggrieved by the High Court's decision, the State of Bihar appealed to the Supreme Court.
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