VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 293
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from operating his account in the bank either by remittance or by
withdrawal. This act of preventing the customer from exercising any
right over the bank balance, constituted seizure of the bank balance,
which in ordinary parlance is described as ‘freezing’. The
consequences that flow from freezing a bank balance, following a
prohibitory order are the same as those that flow from the physical
removal of any moveable property, following a seizure.
The High Court held that money in an account in a bank is
‘property’ within the meaning of section 102 Cr.P.C. which could be
seized by prohibiting the holder of the account, from operating it.
(293)
(A) Charge sheet — issue of, by subordinate authority
(B) Inquiry Officer — appointment by subordinate
authority
Issue of charge-sheet and appointment of Inquiry
Officer by Joint Director is proper where the charge
sheet and appointment of Inquiry Officer were
upheld by the Director of Agriculture, the Disciplinary
Authority.
(C) Departmental action and acquittal
Committing sexual intercourse with a woman worker
while on duty is an act subversive of discipline and
conduct unbecoming of a Government servant.
(D) Judgment — taking into consideration
Inquiry Officer competent to take into consideration
judgment of the High Court placed on record on the
Inquiry Proceedings and it cannot be said to be
extraneous matter.
Prabhu Dayal vs. State of Madhya Pradesh,
1988(6) SLR MP 164