VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 223
493
evidence is admissible in law and can certainly be relied upon against
the accused.
(222)
Departmental action and conviction
Dismissal of employee from service merely on the
basis of his conviction, illegal. It is only his
misconduct which led to the conviction that has to
be taken notice of.
Gurbachan Dass vs. Chairman, Posts & Telegraphs Board,
1983(1) SLR P&H 729
The petitioner was employed as Head Clerk in the Head Post
Office, Amritsar. He was dismissed from service on account of his
conviction in a case under sections 420, 471 I.P.C.
The Punjab and Haryana High Court held that an employee
in Government service cannot be dismissed merely on the basis of
his conviction and it is only his misconduct which might have led to
the conviction that has to be taken notice of. This aspect of the
matter apparently was not present to the mind of the authority passing
the impugned order. Thus the order is unsustainable and is set aside.
(223)
Disproportionate Assets — confiscation of property
Special Judge trying an offence under the P.C. Act
has the power to pass an order of confiscation under
sec. 452 Cr.P.C.
Mirza Iqbal Hussain vs. State of U.P.,
1983 Cri.L.J. SC 154
By a judgment dated 16-2-1976, the Special Judge, Deoria,
convicted the appellant under sec. 5(1)(e) read with sec. 5(2) of the
Prevention of Corruption Act, 1947 (corresponding to sec. 13(1)(e)
read with sec. 13(2) of P.C. Act, 1988) on the charge that during the