Quasi Judicial orders – accountability – disciplinary proceedings
The Duli Chand case is noticed by the Central Vigilance Commissioner.
If you remember, we had carried many stories on the ZB Nagarkar and Duli Chand cases regarding disciplinary action against quasi judicial authorities for the orders passed by them. In fact I had the shock of my life when Duli Chand once called me and said, “I am Duli Chand”. For me “UOI Vs Duli Chand” - was another case and I never in my wildest imagination thought that a character from a case would actually call me up.
Now the CVC has taken note of the case and suggested that the CVOs, while sending the case to the Commission for advice against the lapses of officials exercising quasi-judicial powers, should examine critically whether any of the criteria listed below as per the Supreme Court judgement, was attracted or not.
(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 Government Servant;
(iv) If he had acted negligently or that he omitted the prescribed conditions which are essential for the exercise of the statutory powers;
(v) If he had acted in order to unduly favour a party;
(vi) If he had actuated by corrupt motive, however, small the bribe may be because Lord Coke said long ago "though the bribe may be small, yet the fault is great.
CVC’s F.No.007/MISC/Legal/04(Pt.) Dated : November 1, 2007