For orders passed in quasi-judicial functions, disciplinary proceeding cannot be initiated, much less officer penalized
IN a recent Judgement,the High Court of Patna held that an officer, who has been conferred with statutory jurisdiction to adjudicate matters, acts in a quasi-judicial capacity. Unless it can be shown that the decision was taken malafide or with ulterior motive, for a wrong decision taken there cannot be disciplinary proceedings as it is not a misconduct.
In this case, a Superintendent of Central Excise was punished with a penalty of withholding 30% of his pension for granting a refund and not issuing a notice to recover the erroneous refund.
The High Court held that for orders passed in quasi-judicial functions by statutory authorities, disciplinary proceeding for misconduct cannot be initiated, much less officer penalized.
Recently a retired High Court Judge who imposed costs on a Commissioner twice told me, "I would never punish an adjudicating authority for a wrong order, but I would definitely punish him for a perverse order."
Please see Breaking News for more details of the case.