VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 390
771
property, or investment, and being further a source which may or
may not yield a regular revenue. These essential characteristics are
vital in understanding the term “Income”. Therefore it can be said
that though income in receipt in the hand of its recipient, every receipt
would not partake into the character of income. Due the public
servant, whatever return he gets of his service, will be the primary
item of his income. Other income which can conceivably be income
qua the public servant, will be in the regular receipt from (a) his
property, or (b) his investment. A receipt from windfall, or gains of
graft, crime or immoral secretions by persons prima facie would not
be receipt for the “known sources of income” of a public servant.
The High Court made a detailed study and found that the
accused was in possession of assets disproportionate to his known
sources of income to the tune of Rs. 5,00,000 among others holding
that there is proof of highly inflated figures from agricultural income
claimed by him. The huge expenditure in marriages of daughters is
not explained and there is no proper explanation given for the property
in the name of his wife. The High Court convicted him under sec.
13(1)(e) r/w 13(2) of the P.C. Act, 1988 and sec. 8(3) of the Orissa
Special Courts Act, 1990 and sentenced him to 3 years rigorous
imprisonment and to pay a fine of Rs. 5 lakhs.
(390)
(A) Departmental action and prosecution
(i) No statutory bar for Departmental action and
Criminal Proceedings to go on simultaneously.
(ii) Departmental action and Criminal Proceedings
distinguished.
(B) Departmental action and acquittal
Penalty of dismissal imposed in Departmental
Proceedings, uneffected by subsequent acquittal by
criminal court.