UNION OF INDIA Vs. UPENDRA SINGH

JUDGEMENT

(1.) This appeal is preferred against the judgment of the central Administrative tribunal, Principal bench, New Delhi quashing the charges (charge-sheet) framed on 7/02/1991 against the respondent. The respondent is a member of the Indian Revenue Service (IRS) and is presently working as Deputy Commissioner of Income Tax. On 7/02/1991, a memorandum of charges was issued to him accompanied by a "statement of imputations of misconduct or misbehaviour in support of article of charges" framed against him. The articles of charges are the following: Article-1

(2.) For the purposes of this case, it is not necessary to set out the statement of imputations which is a very lengthy one referring elaborately to the material and evidence which was sought to be relied upon against the respondent at the proposed inquiry. As soon as the memo of charges was served upon the respondent, he approached the tribunal for quashing the charges. The tribunal admitted the original application and passed the following interim order:

(3.) Against the said interim order, the Union of India approached this court by way of Civil No. 4316 of 1991. The appeal was allowed by this court by its order dated 10/09/1992 and the tribunal was directed to "deal with the matter in the light of the observations made by this court in Union of India v. A. N. Saxena ". It was further directed that "in the meanwhile the disciplinary proceedings initiated against the respondent on the basis of the memorandum dated 7/02/1991 would continue". It is necessary to notice the observations in the said judgment. The bench first dealt with the submission that no disciplinary proceedings can be taken against an officer in respect of his judicial or quasi-judicial functions. It rejected the contention following the decision of this court in Union of India v. A. N. Saxena. While rejecting the said contention the bench drew particular attention to the following observations in A. N. Saxena :