Sudha Singh And Anr vs The State Of Bihar Through Vigilance on 27 September, 2023
11. Learned counsel also harped on the fact that in
every case the intention of the legislature is to be seen and
under what circumstances the present Act has been enacted.
Learned counsel submitted that vires of the Act was examined
and upheld by the Hon'ble Apex Court in the case of
Yogendra Kumar Jaiswal Vs. State of Bihar and others
(supra). Learned counsel submitted that the Act of 2009 was
brought into existence to curb the tendency of public servant
in acquiring wealth by illegal means and if on technicalities
such cases are closed, it would only embolden such
unscrupulous person to indulge into corruption with impunity.
Patna High Court CR. APP (SJ) No.662 of 2013 dt.27-09-2023
10/19
Moreover, if the legal heirs succeed in getting the order
reversed in the present appeal, their right to property survive
and maxim actio personalis moritur cum persona, i.e., a
personal right of action that dies with the person will not be
applicable.