It is a matter of detailed evidence in a particular individual case whether the assets of near relatives can or cannot be included in the assets of the accused public servant. If it done, then the income of these relatives is also included in the income of the accused. As far legal provision under Section 13(1)(e) of the PC Act is concerned (which defines the offence of disproportionate assets), the assets of other persons can be included in the assets of public servant, if it can be proved that any other person was holding such assets on behalf of the public servant. Relevant part of this section is as under:
“…if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income.”
So, it is a matter of evidence which cannot be discussed on this forum. You may have to consult some lawyer on this issue by showing the relevant documents.
As regards, whether the suspension can be continued or ordered afresh in the assets case, I had merely pointed out that the authority may do so. Whether the authority will actually do so or not, is an issue that is within the authority’s discretion and I cannot comment about that. In any case, you can challenge the suspension in appropriate court / tribunal.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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