UNION OF INDIA Vs. DOLLY SAXENA

JUDGEMENT

(1.) Short question involved is whether a Quasi Judicial Authority could be subjected to disciplinary proceedings under Service Conduct Rules (SCR) on a mere charge of alleged negligence and recklessness in passing an adjudicatory order.

(2.) Respondent a Collector of Customs and Central Excise at the relevant time, was to adjudicate the cases under Central Excise Act. She is charged to have dropped proceedings against the assessee M/s J.K. Synthesis accused of evasion of customs duty of 1.21 crores or so. A charge sheet dated 28.1.1999 was issued to her charging her with negligence and recklessness in discharge of duties and contravening Rule 3 of Conduct Rules, 1964. She made representations against this but failed. She then filed OA No. 2199/99 claiming that she could not be subjected to disciplinary proceedings on a charge of misconduct while exercising her quasi judicial functions. Petitioner opposed this on the plea that charge sheet could not be questioned at the threshold and that disciplinary proceedings could be taken for her negligence in the discharge of her duty causing loss to public revenue.

(3.) Tribunal, on consideration of the matter, examined Articles of charges and found that these related to her alleged recklessness and negligence only and did not charge her of any other misconduct for showing favour to the assessee. It also went a step further and dabbled in touching the correctness of the charges. It accordingly quashed the charge-sheet placing reliance on the Supreme Court Judgment in Nagarkar v. UOI, (1997) 7 SCC 409, holding that mere charge of negligence was not enough to subject a Judicial or Quasi Judicial Authority to disciplinary proceedings for passing a wrong adjudicatory order.