VIGILANCE MANUAL VOLUME III - AP Online

286 DECISION - 66
observed that in the instant case, there was no denial of the
genuineness of the tape-record, nor assertion that the voices of the
persons which were recorded in the tape-records were not those
which they purported to be or that any portion of the conversation
which would have given a different colour to it had been cut off. The
Supreme Court held that it was in the light of these circumstances
and the history of the proceedings that the evidence afforded by the
tape-recorded talk had to be considered in appreciating the
genuineness of the talks recorded.
The Supreme Court also referred to the contention that as
the charges framed against the Government servant would constitute
offences, criminal prosecution should have been launched against
the appellant instead of departmental proceedings and held that it
was for the Government to decide what action should be taken against
the Government servant for certain misconduct. Such a discretion
in the Government does not mean that the provision for departmental
enquiry on such charges of misconduct is in violation of the provisions
of Art. 14 of Constitution. There was therefore nothing illegal in the
Government instituting the departmental enquiry against the
Government servant.
The Supreme Court also held that the authority granting leave
has the discretion to revoke it. Though there is no restriction to the
power of revocation with respect to the time when it is to be exercised,
the provision in Art. 310(1) of Constitution that members of the Civil
Service of State hold office during the pleasure of the Governor does
not confer a power on the State Government to compel an officer to
continue in service of the State against his will, apart from service
rules which might govern the matter, even after the age of
superannuation was reached or where he was employed for a defined
term, even after the term of his appointment was over.
(66)
Departmental action and investigation
Proper and reasonable generally to await result of
police investigation / court trial and not to take action