The Vigilance Commissioner in his letter cited has suggested that the Government might consider the desirability of making a suitable provision to enable the Government to forfeit the assets held by its employees where they may be obtained by bribe or abuse of powers and to effect an interim attachment of the assets, on the lines of Criminal Law Amendment Ordinance, 1944.
2. A Government servant who is in possession of pecuniary resources or property disproportionate to his known sources of income is said to commit the offence of criminal misconduct, as defined in clause (e) of sub-section (1) of section 5 of the Prevention of Corruption Act 1947 and is punishable under section 5(2) thereof. Under rule 2(b) of the AP.C.S. (Disciplinary Proceedings Tribunal) Rules, 1961, 'misconduct' has been defined to have the same meaning as Criminal misconduct under section 5(1) of the said Act. Under rule 4(2) of the said rules, the Government has to take a decision whether the case against a Government servant involving misconduct shall be tried in a Court of Law or enquired into by the Tribunal or by a departmental authority. The Government consider that where there are reasons to believe that an employee has amassed wealth or property disproportionate to his means by way of bribe or abuse of powers, sanction may be accorded straight away for prosecution of the employee in the court of law for an offence punishable under section 5(2) read with section 5(1)(e) of the Prevention of Corruption Act, 194 7 and that an application may be made under section 3(1) of the Criminal Law Amendment Ordinance, 1944, to the District Judge concerned with the authorisation of the Government for attachment of the property which is believed to be procured by the employee by Commission of the offence. If the prosecution ends in conviction, the District Judge will make an order under section 13(3) of the Ordinance forfeiting to the Government the property procured by the convicted employee by means of the offence committed by him.
The Heads of departments, Collectors etc., may bear in mind the above position in dealing with the cases of Government servants in possession of assets beyond their known sources of income.
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