VIGILANCE MANUAL VOLUME III - AP Online

602 DECISION - 288
(288)
(A) Witnesses — recording of combined statements
Recording of combined statement of two witnesses
is gravely prejudicial to the defence of the delinquent
official and such procedure vitiates the inquiry
proceedings.
(B) Appeal — consideration of
Order passed by appellate authority must be a
speaking order. Dismissal of appeal with one
sentence, “there is no merit in the appeal” is illegal.
Chairman, Nimhans vs. G.N. Tumkur,
1988(6) SLR KAR 25
The High Court of Karnataka held that recording of combined
statement of two witnesses by the Inquiry Officer is gravely prejudicial
to the defence of the delinquent official and vitiated the inquiry
proceedings and occasioned failure of justice.
The High Court further held that the appellate authority
disposing of the appeal in one sentence holding that “there is no merit
in the appeal” is illegal and that the order must be a speaking order.
(289)
(A) P.C. Act, 1988 — Sec. 8
It is not necessary for an offence under sec. 162
IPC (corresponding to sec. 8 of P.C. Act, 1988) that
the person receiving gratification should have
succeeded in inducing the public servant.
(B) Evidence — of accomplice
Insistence of corroboration for the evidence of
accomplice is not on account of any rule of law but
it is a caution of prudence.