VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 428
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and this may be done in cases of grave nature involving questions of
fact and law. It means that not only the charges must be grave but
the case must also involve complicated questions of law and fact.
The disciplinary proceedings are meant not really to punish the guilty
but to keep the administrative machinery unsullied by getting rid of
bad elements. The interest of the delinquent officer also lies in a
prompt conclusion of the disciplinary proceedings. If he is not guilty
of the charges, his honour should be vindicated at the earliest possible
moment and if he is guilty, he should be dealt with promptly according
to law. It is not also in the interest of administration that persons
accused of serious misdemeanour should be continued in office
indefinitely, ie., for long periods awaiting the result of criminal
proceedings. It only serves the interest of the guilty and dishonest.
(428)
(A) Cr.P.C. — Sec. 161
(B) Witnesses — examination of
Statement recorded under section 161 Cr.P.C. being
taken on record after being read over and its
affirmation by the witness, is not illegal.
State Bank of Bikaner & Jaipur vs. Srinath Gupta,
1997(1) SLJ SC 109 : AIR 1997 SC 243
The respondent, Head-Cashier of State Bank of Bikaner &
Jaipur was dismissed from service on 27-6-79 on charges of
demanding and accepting bribes for arranging sanction of bank loans,
and other acts of corruption. The High Court, however, by judgment
dated 5-8-92 quashed the order on the ground that the statements
recorded under section 161 Cr.P.C. were admitted as evidence.
The Supreme Court held that the statements under section
161 Cr.P.C. may not be admissible in the criminal trail. In the instant
disciplinary inquiry, the person who made the statement has been
examined before the inquiry officer. It was open to the witness to