Additional Collector's 'Quasi Judicial' Action Protected Under Judges (Protection) Act: Madhya Pradesh HC Nixes 'Malafide' Disciplinary Case
4 months, 1 week ago

Additional Collector's 'Quasi Judicial' Action Protected Under Judges (Protection) Act: Madhya Pradesh HC Nixes 'Malafide' Disciplinary Case

Live Law  

While quashing a charge sheet and setting aside 'malafide' disciplinary proceedings against an Additional Collector, the Jabalpur bench of the Madhya Pradesh High Court said that the petitioner falls under the definition of a judge while discharging functions as quasi-judicial officer and is protected under the Judges Act. The petitioner, at the time of discharging his duties as Additional Collector granted permission exercising the power provided under Sections 165 and 165 of the Madhya Pradesh Land Revenue Code. Whether Petitioner as Additional Collector was competent to act as a Collector to grant permission under the Code Pursuant to the work distribution order of the then Collector of the district, duty was assigned to the petitioner to hear the matters seeking permission under Section 165 & of the Code of 1959 to which objection was raised by the respondents that this can be done only by the Collector and not by the Additional Collector and the work distribution order issued by Collector did not make the petitioner eligible and competent to decide such applications. Therefore, the court in the present case observed that when EOW and Lokayukt has already enquired the matter and has given specific opinion that the alleged act of petitioner granting permission under the Code while deciding applications under Section 165 & being an Additional Collector was without any oblique motive or without getting any personal profit or causing no financial loss to the Government Exchequer.

Court Disciplinary Order Madhya Pradesh Code Permission Additional Collector Petitioner Proceeding Hc Nixes Malafide Hc Nixes Judges Protection Judicial Act Section 165 Of The Code Of 1959 Ias Cadre Section 165 Disciplinary Proceeding Nixes Malafide  pradesh  proceeding  madhya  collector  disciplinary  additional  judicial  act  petitioner  code  judges  protection  protected  court  hc  nixes  malafide  permission  order  quasi

History of this topic

Judicial Forum Not For Harassing A Person, But To Protect Parties' Rights: Madhya Pradesh HC Pulls Up Complainant For Suppressing Facts
3 months, 3 weeks ago

Judicial Forum Not For Harassing A Person, But To Protect Parties' Rights: Madhya Pradesh HC Pulls Up Complainant For Suppressing Facts

Live Law  

While quashing a complaint filed under Section 156 of Cr.P.C., the Jabalpur bench of the Madhya Pradesh High Court expressed its displeasure with the act of the alleged complainant after noting that he had filed a "false affidavit" stating that the police authorities did not act or conduct an inquiry upon his complaint. The judicial forum is not available for …

'Intolerable': MP High Court On Additional Collector "Waving" At It Envelope Containing Collector's Letter For Personal Exemption
7 months, 2 weeks ago

'Intolerable': MP High Court On Additional Collector "Waving" At It Envelope Containing Collector's Letter For Personal Exemption

Live Law  

Madhya Pradesh High Court has come down heavily on the Narmadapuram District Collector for writing a letter directly addressed to the court seeking personal exemption from appearance in a land matter related to mutation of names. The single-judge bench of Justice Gurpal Singh Ahluwalia also didn't take lightly the conduct of the Additional District Collector who stood up and waved …

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings
1 year, 1 month ago

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings

Live Law  

Noting that the 'doctrine of finality' in judgments has great sanctity, Madhya Pradesh High Court held a second review petition before it arising out of a writ matter to be non-maintainable. Afterwards, turning to the factual matrix of the case, the court proceeded to make the following observations: “…The petitioner has already exhausted remedy of writ petition, writ appeal, review …

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates
1 year, 5 months ago

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates

Live Law  

Madhya Pradesh High Court has recently made an observation that when contracts of employment are governed purely by the terms of the contract without any element of statutory governance, such contracts that determine the relationship between the master and the servant are not specifically enforceable. Goyal reported in 2008 SCC 92 wherein the Apex Court held that when the relationship …

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court
1 year, 6 months ago

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently invalidated a transfer order and a relieving order issued to an individual holding the position of Superintendent Engineer within the M.P. The division bench of Justices S. A. Dharmadhikari and Hirdesh observed, “Admittedly, there is approval of the Managing Director before passing the impugned transfer order and relieving order. The appellant had challenged a …

HP Land Revenue Act | Discretion Vested In Revenue Officer To Convert Itself As A Civil Court To Decide Plea Of Adverse Possession: High Court
2 years ago

HP Land Revenue Act | Discretion Vested In Revenue Officer To Convert Itself As A Civil Court To Decide Plea Of Adverse Possession: High Court

Live Law  

The Himachal Pradesh High Court has recently ruled that though for adjudicating the plea of adverse possession under Himachal Pradesh Land Revenue Act, 1954, discretion is vested with the Revenue Officer either to convert itself as a Civil Court or to decide it otherwise, but, the discretion so vested is judicial discretion and cannot be exercised capriciously. The petitioner premised …

Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court
2 years, 2 months ago

Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore bench recently reiterated that once the charge-sheet in a departmental inquiry against the suspended delinquent employee is filed, the suspension can be extended only on the basis of a well-reasoned order. The bench comprising Justice Subodh Abhyankar made the observation by placing reliance on the decision of the Apex Court in the case of …

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court
3 years, 6 months ago

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court

Live Law  

The Supreme Court has issued notice on a special leave petition which has raised the argument that criminal proceedings cannot continue after exoneration in departmental enquiry on the same allegations.The special leave petition is filed against a judgment of the Madhya Pradesh High Court which held that exoneration in departmental inquiry does not entitle an employee to seek quashing. The …

Discover Related