VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 29
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did not accept or even consent to accept, money.
Padam Sen vs. State of Uttar Pradesh,
AIR 1959 ALL 707
The appellants were convicted by the Special Judge of Meerat
and sentenced to one year rigorous imprisonment and a fine of Rs.500
under section 165A of Penal Code (corresponding to sec. 12 of P.C.
Act, 1988).
The High Court of Allahabad held that as soon as there is an
instigation to a person to commit an offence under section 161 I.P.C.
(corresponding to sec. 7 of P.C. Act, 1988), the offence of abetment
of the offence under section 161 I.P.C. is complete within the
intendment of section 165A I.P.C. quite irrespective of the fact that
that person did not accept, or even consent to accept, the money.
In a case under section 165A I.P.C. since it is the mens rea
of the bribe-giver that has to be considered. It should be sufficient to
render him liable if his object in giving or attempting to bribe the
public servant was to induce the public servant to do an official act or
show or forbear to show, in the discharge of his official functions,
favour or disfavour to him, it being quite immaterial whether the public
servant was not in fact in a position to do or not to do the act or show
or forbear to show the favour or disfavour in question.
(29)
Further inquiry
Reinstatement by Government on ground that
dismissal was not by authority competent to do so,
has no effect of quashing entire previous
proceedings. Fresh proceedings can be taken up
at the stage where the inquiry report was accepted
by earlier authority.
Lekh Ram Sharma vs. State of Madhya Pradesh,
AIR 1959 MP 404
The petitioner was Sub-Inspector of Excise. He was
dismissed from service by order of the Commissioner of Excise. The