2001 (7) TMI 1329

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....se Act. She is charged to have dropped proceedings against the assessed M/s J.K.Synthesis accused of evasion of customs duty of 1.21 crores or so. a charge sheet dated 28.1.1999 was issued to her charging her with negligence and recklessness in discharge of duties and contravening Rule 3 of Conduct Rules, 1964. She made representations against this but failed. She then filed OA No. 2199/99 claiming that she could not be subjected to disciplinary proceedings on a charge of misconduct while exercising her quasi judicial functions. Petitioner opposed this on the plea that charge sheet could not be questioned at the threshold and that disciplinary proceedings could be taken for her negligence in the discharge of her duty causing loss to public ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....9;s and Nagarkar's case. In the first case Apex Court formulated a list of cases, though not exhaustive where disciplinary proceedings could be taken against officers while exercising quasi judicial powers on the premise that such a situation involved the conduct of an officer in the discharge of his/her duties and not the error or illegally committed while exercising quasi judicial powers. The list of such cases includes: (i) Where the officer had acted in a manner as would reflect on his reputation for integrity or good faith or devotion to duty; (ii) if there is prima facie material to show recklessness or misconduct in the discharge of his duty; (iii) if he has acted in a manner which is unbecoming of a Go....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... was acting in any quasi judicial capacity. This Court said that at the stage of framing of the charge the statement of facts and the charge-sheet supplied are required to be looked into by the Court to see whether they support the charge of the alleged misconduct." (43). "If, every error of law were to constitute a charge of misconduct, it would impinge upon the independent functioning of quasi judicial officers like the appellant. Since in sum and substance misconduct is sought to be inferred by the appellant having committed an error of law, the charge-sheet on the face of it does not proceed on any legal premise rendering it liable to be quashed. In other words, to maintain any charge-sheet against a quasi judicial authority so....