TMI Blog2007 (5) TMI 590X X X X Extracts X X X X X X X X Extracts X X X X ..... tution of India at this point of time. We, however, keeping in view the fact that a large number of officers of the Union of India are involved and as it is stated at the bar that they have not been promoted because of the pendency of this case, would request the learned Special Judge to dispose of the matter as expeditiously as possible. - CRIMINAL APPEAL NO. 710 OF 2007 [Arising out of SLP (Crl.) No. 552 of 2006] - - - Dated:- 10-5-2007 - SINHA, S.B. AND KATJU, MARKANDEY , JJ. JUDGMENT S.B. SINHA, J : 1. Although I entirely agree with the concluding part of the judgment rendered by my learned Brother, but I would like to state my own reasons therefor. 2. Charges have been framed against the appellant and several others ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ined. Such of the statements which the investigating officer could procure did not, as the High Court observed, point to such a conspiracy. What appears to have been lost sight of by the Special Judge was the fact that the period during which the orders in question were placed was an emergency period, when procedure laid down for such orders could not perhaps be strictly adhered to. He also appears to have lost sight of the fact that out of the thirteen orders in question, four of the value of Rs 32,000 and odd were placed by Brig. Mani, and orders only for the balance of Rs 8000 and odd were placed by Res. Khanna. It may be that someone had played fraud in the matter of quotations in the name of Darrang Transport, United Motor Works, Auto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mean to believe or accept upon probable evidence . (emphasis ours). In Shorter Oxford English Dictionary it has been mentioned that in law 'presume' means to take as proved until evidence to the contrary is forthcoming , Stroud's Legal Dictionary has quoted in this context a certain judgment according to which A presumption is a probable consequence drawn from facts (either certain, or proved by direct testimony) as to the truth of a fact alleged. (emphasis supplied). In Law Lexicon by P. Ramanath Aiyer the same quotation finds place at p. 1007 of 1987 Edn. 32. The aforesaid shows that if on the basis of materials on record, a court could come to the conclusion that commission of the offence is a probable conseq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion in a departmental proceeding is the basis for not framing a charge against an accused person who is said to be similarly situated, the question which requires a further consideration was as to whether the applicant before it was similarly situated or not and/ or whether the exonerated officer in the department proceeding also faced same charges including the charge of being a party to the larger conspiracy. 8. In L. Chandraiah v. State of A.P. and Another [(2003) 12 SCC 670], it was held: It may be, and as rightly observed by the courts below, that they acted in a negligent manner and if they had taken due care they would have detected the fraud, but they failed to do so. However, that by itself would not constitute ..... X X X X Extracts X X X X X X X X Extracts X X X X
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