VIGILANCE MANUAL VOLUME III - AP Online

346 DECISION - 108
The High Court held that what sec. 12 of the Probation of
Offenders Act has in view is an automatic disqualification flowing
from a conviction and not an obliteration of the misconduct of the
official concerned. The disciplinary authority is not precluded from
proceeding under Regulation 39(4) of the LIC Staff Regulations.
There is a clear distinction between dismissing an official for his
conduct and dismissing an official for his conviction. The order
impugned shows as if it is a dismissal flowing from a conviction. The
disciplinary authority did not deal with the official under Regulation
39(4)(i) but dismissed him because he was convicted of an offence
under sec. 409 IPC. This, the disciplinary authority is precluded from
doing under sec. 12 of the Probation of Offenders Act, 1958. The
High Court held that the impugned order suffers from the said infirmity
and set aside the order. The disciplinary authority is not however
precluded from taking action under Regulation 39(4) of the Staff
Regulations.
(108)
Witnesses — turning hostile
(i) Power of court to declare witness hostile, not
limited to cases where there is any previous
statement.
(ii) Permission to cross-examine by itself, not
enough to discredit the witness.
Sahdeo Tanti vs. Bipti Pasin,
AIR 1969 PAT 415
The application in revision is directed against an order of the
Assistant Sessions Judge, permitting the prosecution to crossexamine
a witness.
The High Court held that though the witness was only
tendered before but not examined, still the court can declare him
hostile and allow the party to cross-examine him. The power of court