resources or property disproportionate to his know sources of income.

(13) Question whether a charge of corruption should be held proved in case the officer concerned is unable to account satisfactorily possession by himself or by any other person on his behalf of pecuniary resources or property disproportionate to his know sources of income.

A presumption of corruption fairly and reasonably arises against an officer who cannot account for large accretion of wealth which he could not possibly have saved from his known sources of income. This principle has received statutory recognition in section 5 (3) of the Prevention of Corruption Act, 1947, and its application in a departmental inquiry against an officer charged with corruption could not, therefore, be unjust or inequitable. In fact, this principle has recently been upheld by the Supreme Court in the case of G.R. Manker Vs. Union of India (Civil Appeal No. 160 of 1963)

2. Ministry of Finance etc., are requested to ensure that in a departmental enquiry against an officer charged with corruption and found to be in possession of assets disproportionate to his known sources of income, the Presenting officer concerned brings the legal position, as set out in para 1 above, to the notice of the Enquiry Officer.

3. This Ministry’s Office Memorandum No. 39/19/51-Ests., dated 08.10.1952 (not printed) may be treated as cancelled.

[MHA OM No. 39/19/63-Ests.(A), dated 16.12.1964]