VIGILANCE MANUAL VOLUME III - AP Online

DECISION -
IV. NOTE ON SALIENT ASPECTS
OF THE DIGEST
147
This Digest of Case Law forming part of the Andhra Pradesh
Vigilance Manual incorporates important cases decided by the
Supreme Court of India, the High Courts and the Central
Administrative Tribunal reported upto the end of 2002. Further an
attempt has been made to codify comprehensively the case law on
investigation and prosecution of offences relating to corruption in
public services and Disciplinary Proceedings against public servants.
It is intended as a book of reference for vigilance functionaries,
disciplinary authorities, investigating agencies and prosecuting
personnel.
2. The earliest decision included in the Digest is of the High
Court of Bombay Province in the case of Bhimrao Narasimha Hublikar
vs. Emperor, AIR 1925 BOM 261, dealing with appreciation of
evidence of accomplice and interpretation of the term ‘motive or
reward’ under sec.161 Indian Penal Code (corresponding to sec. 7
of the Prevention of Corruption Act, 1988) delivered by Macleod, C.J.
and Crump, J. on 12-11-1924 closely followed by the decision of the
Lahore High Court in the case of K. Satwant Singh vs. Provincial
Government of the Punjab, AIR (33) 1946 Lahore 406, on the question
of attachment of money deposited in a Bank, under the Criminal Law
Amendment Ordinance, 1944. The famous dictum of Lord Denning,
Master of the Rolls in the case of R vs. Secretary of State for Home
Department, (1973) 3 All ER 796 of the Court of Appeal, Civil Division,
published in the All England Law Reports, that “Rules of natural justice
must not be stretched too far. Only too often the people who have
done wrong seek to invoke the rules of natural justice so as to avoid
the consequences”, approvingly quoted by the Supreme Court of
India in the case of H.C. Sarin vs. Union of India, AIR 1976 SC 1686,
finds place here.
Dr.M.C.R.H.R.D. Institute of Andhra Pradesh