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VIGILANCE MANUAL VOLUME III - AP Online

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DECISION - 33<br />

237<br />

servants to observe certain standards of decency<br />

and morality in their private lives.<br />

Laxmi Narain Pande vs. District Magistrate,<br />

AIR 1960 All 55<br />

The High Court observed that Government has the right to<br />

expect that every Government servant will observe certain standards<br />

of decency and morality in his private life. For example, the State<br />

has the power to demand that no Government servant shall remarry<br />

during the life time of his first wife. It may require its officials not to<br />

drink alcoholic liquors at social functions. It may require the<br />

Government servant to manage his private affairs as to avoid habitual<br />

indebtness or insolvency. If Government were to sit back and permit<br />

its officials to commit any outrage in their private lives provided it<br />

falls short of a criminal offence, the result may very well be a<br />

catastrophic fall in the moral prestige of the administration.<br />

(33)<br />

(A) P.C. Act, 1988 — Sec. 13(1)(e)<br />

(B) Disproportionate assets — known sources of<br />

income<br />

(C) Disproportionate assets — burden of proof on<br />

accused<br />

(i) Expression “known sources of income” explained;<br />

refers to sources known to the prosecution.<br />

(ii) Burden is on the accused to prove the contrary.<br />

Accused required not only to offer a plausible<br />

explanation but also to satisfy that the explanation<br />

is worthy of acceptance.<br />

C.S.D. Swami vs. State,<br />

AIR 1960 SC 7<br />

The Supreme Court observed that the Legislature has<br />

advisedly used the expression “satisfactorily account”. The emphasis<br />

must be on the word “satisfactorily”, and the Legislature has, thus,

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