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VIGILANCE MANUAL VOLUME III - AP Online

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440 DECISION -182<br />

appellant’s conduct in not taking any action for realisation of the fine,<br />

they concluded that he did not do so because the fine had been<br />

realised and the amount had been embezzled by him.<br />

(182)<br />

Evidence — of Investigating Officer<br />

Evidence of Investigating officers be assessed on<br />

its intrinsic worth and not discarded merely on the<br />

ground that they are interested.<br />

State of Kerala vs. M.M. Mathew,<br />

AIR 1978 SC 1571<br />

The Supreme Court held that the courts of law have to judge<br />

the evidence before them by applying the well recognized test of<br />

basic human probabilities. The evidence of the investigating officers<br />

cannot be branded as highly interested on ground that they want that<br />

the accused are convicted. Such a presumption runs counter to the<br />

well recognised principle that prima facie public servants must be<br />

presumed to act honestly and conscientiously and their evidence<br />

has to be assessed on its intrinsic worth and cannot be discarded<br />

merely on the ground that being public servants they are interested<br />

in the success of their case.<br />

(183)<br />

Evidence — of accomplice<br />

Evidence of accomplice can be relied upon in<br />

departmental inquiries.<br />

C.J. John vs. State of Kerala,<br />

1979(1) SLR KER 479<br />

The petitioner was a Regional Drugs Inspector at Calicut in<br />

1966. A departmental inquiry was held and he was reverted to the<br />

lower post of a Drugs Inspector. The petitioner contended before

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