VIGILANCE MANUAL VOLUME III - AP Online

574 DECISION - 270
that the Inquiry Officer thought that the applicant was not co-operating
with the inquiry at any stage and that he was not going to turn up for
the inquiry on the adjourned date. But such an impression on his
part does not entitle him to close the inquiry abruptly and to pass his
findings on material already collected.
The Central Administrative Tribunal, Madras held that this
omission on the part of the Inquiry Officer has vitiated the inquiry
proceedings and quashed the order of the Disciplinary Authority
reverting the Government servant from the post of Head Clerk to
that of Upper Division Clerk.
(270)
Criminal Law Amendment Ordinance, 1944
There is nothing in the Criminal Law Amendment
Ordinance or in Government of India Act limiting
the operation and duration of the ordinance upto a
particular point of time.
Md. Inkeshaf Ali vs. State of A.P.,
1987(2) APLJ AP 194
The Andhra Pradesh High Court held that the Criminal Law
Amendment Ordinance of 1944, which authorised the State
Government to apply for the attachment of the property with respect
to which an offence under sec. 409 IPC had been committed was no
doubt made in exercise of his powers by the Governor General under
sec. 72 of the Ninth Schedule of the Government of India Act, 1935.
On the day when the Indian Independence Act has come into force
i.e., on 15th August, 1947, the powers of the Governor General under
the Ninth Schedule are still available. Sec. 18(3) and sec. 8(2) of the
Indian Independence Act, refer to the continuance of the Government
of India Act, 1935. It is no doubt true that the creation of Federation
as envisaged by the British Parliament and enacted in sec. 5 of the
1935 Act had become incapable of being established under the Indian