VIGILANCE MANUAL VOLUME III - AP Online

562 DECISION - 263
any official favour, it is likely to influence the public servant to show
official favour to the person giving such valuable thing. The provisions
of secs. 161 and 165 IPC as also sec. 5 of the P.C.Act, 1947
(corresponding to sec. 13 of P.C. Act, 1988) are intended to keep the
public servant free from corruption and thus ultimately ensure purity
in public life.
Supreme Court also held that it cannot be said that the
presumption under sec. 4 of the P.C. Act, 1947 (corresponding to
sec. 20 of P.C. Act, 1988) applies only after a charge is framed against
an accused. The presumption is applicable also at the stage when
the court is considering the question whether a charge should be framed
or not. When the Court is considering under sec. 245(1) Cr.P.C. whether
any case has been made out against the accused, which if unrebutted
would warrant his conviction, it cannot brush aside the presumption
under sec. 4 of the Prevention of Corruption Act, 1947.
(263)
(A) Charge — typographical error
Communication of corrigendum to charge-sheet
correcting a typographical error, by a deputy of
competent authority does not constitute any
irregularity or illegality.
(B) Disciplinary authority — conducting preliminary
enquiry
Officer conducting preliminary enquiry not debarred from
functioning as disciplinary authority provided he has not
openly given out findings about the guilt of the official.
Paresh Nath vs. Senior Supdt., R.M.S.,
1987(1) SLR CAT ALL 531
A Head Sorting Assistant in the Railway Mail Service had