TaxTMI 
TaxTMI 
TaxTMI 
2025 (8) TMI 564
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....er, crime was registered alleging commission of offences punishable under Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act, 1988' hereinafter) as well as under Sections 465, 471 and 120B of the Indian Penal Code, by the accused. The allegations against the petitioner herein, as per FIR, are as under : The Vigilance enquiry conducted disclosed that Smt.Remadevi had officiated as RDO Kozhikode for the period from 26-06-2009 to 22-02-2011. The officer was entrusted with the authority to proceed against the vehicles transporting river and illegally under the Kerala Protection of River Banks and Regulation of Removal of sand Act 2001 and KPRB and RS ordinance 2010. As per section 23A(2) there is provision in the Act to confiscate the vehicles used for illegal transportation. Uncertain conditions after hearing, the vehicles can be released to the owners temporarily by collecting 30% of the total value of the vehicle in cash and 70% of the value by providing security either by immovable property or by bank guarantee. During the tenure of Smt.Remadevi about 198 cases of seizure of vehicles with illegal sand transportation had been heard and dis....
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.... that the petitioner officiated as the Revenue Divisional Officer (RDO), Kozhikode, for the period from 26.06.2009 till 22.02.2011. While holding the post, she was entrusted with the authority to proceed against vehicles transporting river sand illegally under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short, 'the Sand Act, 2001' hereinafter) and KPRB and RS Ordinance, 2010. According to the learned counsel for the petitioner, as per Section 23A(2) of the Ordinance, there was a provision to confiscate the vehicles used for illegal transportation. Further, it is submitted that against the order passed under Section 23A, revision is provided to the District Collector under Section 23B and also an appeal before the District Court under Section 23C. The specific point argued by the learned counsel for the petitioner is that, while exercising the power of confiscation under Section 23A(2) of the Ordinance, the functions performed by the petitioner as the Revenue Divisional Officer, are quasi-judicial in nature, thereby entitling the officer to protection under Sections 2(a) and 3 of the Judges (Protection) Act, 1985 (for short, 'the Judges ....
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.... decision or an act judicial, the following criteria must be satisfied : 1) it is in substance a determination upon investigations of a question by the application of objective standards to facts found in the light of pre existing legal rules; 2) it declares rights or imposes upon parties obligation affecting their civil rights; and 3) that the investigation, is subject to certain procedural attributes contemplating an opportunity of presenting its case to a party, ascertainment of facts by means of evidence if a dispute be on questions of fact, and if the dispute be on question of law on the presentation of legal argument, and a decision resulting in the disposal of the matter on findings based upon those questions of law and fact. In the said case, the Apex Court considered the order passed by a Conciliation Officer in granting or refusing permission to alter the terms of the employment of workmen, at the instance of the employer and held that the direction of the Conciliation Officer under Clause 29 of the order could not be said to be purely administrative. 6. According to the learned counsel for the petitioner, when the essentials set out by the Apex Court as state....
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....r a judgment which, if confirmed by some other authority, would be definitive; or (b) who is one of a body of persons which body of persons is empowered by law to give such a judgment as is referred to in clause (a)." 9. Section 3 of the Judges (Protection) Act, 1985 further provides as under : "Additional Protection to Judges (1) Notwithstanding, anything contained in any other law for the time being in force and subject to the provision of subsection (2), no court shall entertain or continue any civil or criminal proceeding against any person who is or was a Judge for any act, thing or word committed, done or spoken by him when, or in the course of acting or purporting to act in the discharge of his official or judicial duty or function. (2) Nothing in sub-section (1) shall debar or affect in any manner, the power of the Central Government or the State Government or the Supreme Court of India or any High Court or any other authority under any law for the time being in force to take such action (whether by way of civil, criminal or department proceeding or otherwise) against any person who is or was a Judge." 10. Going by the Apex Court judgment in Jaswant Sugar Mil....