UNION OF INDIA AND ORS. versus A.N. SAXENA

UNION OF INDIA AND ORS. versus A.N. SAXENA

A stay of disciplinary proceedings at an interim stage without careful consideration is improper, especially where charges are serious and misconduct is alleged; disciplinary proceedings against officers performing quasi-judicial functions are permissible with caution where culpability or improper motive is indicated.

Parties
Appellant: U.O.I.; Respondent: A.N. Saxena
Jurisdiction
India
Judgment Date
27 March 1992
Procedural Posture
Civil Appeal / Appeal Against Interim Orders of Central Administrative Tribunal
Outcome
Appeals allowed
Legal Topics
Disciplinary Proceedings, Judicial/quasi Judicial Functions, Interim Relief, Pension Payments
Administrative Law Service Law Disciplinary Proceedings Judicial/quasi Judicial Functions Interim Relief Pension Payments

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Parties

U.O.I.

Appellant

A.N. Saxena

Respondent

Procedural Posture

Civil Appeal / Appeal Against Interim Orders of Central Administrative Tribunal

Legal Issues

  1. 1 Whether disciplinary proceedings against an Income Tax Officer performing quasi-judicial functions can be stayed at interim stage.
  2. 2 Whether disciplinary proceedings can be initiated for actions performed in discharge of judicial or quasi-judicial functions.
  3. 3 Propriety of voluntary retirement during pendency of disciplinary enquiry.

Ratio Decidendi

A stay of disciplinary proceedings at an interim stage without careful consideration is improper, especially where charges are serious and misconduct is alleged; disciplinary proceedings against officers performing quasi-judicial functions are permissible with caution where culpability or improper motive is indicated.

Court Disposition

Appeals allowed

Orders

  • Impugned order of the Tribunal staying disciplinary proceedings set aside.
  • Disciplinary proceedings against respondent to proceed according to law.