VIGILANCE MANUAL VOLUME III - AP Online

294 DECISION -70
Again, the form in which the order terminating the services
of a temporary government servant is expressed will not be decisive.
If a formal departmental enquiry has been held in which findings
have been recorded against the temporary servant and as a result of
the said findings his services are terminated, the fact that the order
by which his services are terminated ostensibly purports to be a mere
order of discharge would not disguise the fact that in substance and
in law the discharge in question amounts to the dismissal of the
temporary servant. It is the substance of the matter which determines
the character of the termination of services. The real character of
the termination of services must be determined by reference to the
material facts that existed prior to the order.
(70)
(A) P.C. Act, 1988 — Sec. 13(1)(e)
(B) Disproportionate assets — known sources of
income
(C) Disproportionate assets — margin to be allowed
(i) Known sources of income refers to sources known to the
prosecution.
(ii) Appreciation of extent of disproportion of assets over
savings.
Sajjan Singh vs. State of Punjab,
AIR 1964 SC 464
The Supreme Court held that the expression ‘known sources
of income’ must have reference to sources known to the prosecution
on a thorough investigation of the case and it could not be contended
that ‘known sources of income’ meant sources known to the accused.
The Supreme Court observed that there is some force in the
contention of the appellant that the legislature had not chosen to
indicate what proportion would be considered disproportionate and
on that basis the court should take a liberal view of the excess of the