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Civil · Reportable judgment

Amresh Shrivastava vs The State of Madhya Pradesh & Ors.

Court
Supreme Court of India
Date
1 April 2025
Case No.
Civil Appeal No. 10590 of 2024
Result
Allowed
Bench
Abhay S. Oka, Augustine George Masih
Citation
[2025] 4 S.C.R. 488 : 2025 INSC 417
Acts & Sections
Judges Protection Act, 1985 Madhya Pradesh Land Revenue Code, 1959
Supreme Court Reports [2025] 4 S.C.R. 488 : 2025 INSC 417
Issue for consideration
Dispute arose as to whether the power exercised by Appellant in his capacity as a Tehsildar, while passing a Land Settlement Order- a quasi-judicial order u/s.57(2) of Madhya Pradesh Land Revenue Code, 1959, could be considered of a nature that would warrant disciplinary proceedings against him. The questions for consideration were (i) whether the chargesheet issued to appellant by Respondent-State fell within the scope of observations carved out by this Court in K.K. Dhawan case; and (ii) Whether inordinate unexplained delay in issuance of the chargesheet (in this case

14 years) was in itself a ground for quashing the chargesheet issued to the appellant.
Headnote

Disciplinary proceedings – Against Revenue Officer – For wrongful quasi-judicial order – Disciplinary proceedings, if warranted – Inordinate unexplained delay in issuance of chargesheet – Effect of – Madhya Pradesh Land Revenue Code, 1959 – Judges Protection Act, 1985:

Held: In K.K. Dhawan case, this Court carved out six situations where the government is not precluded from taking disciplinary actions for violation of the Code of Conduct; and further observed that mere technical violations or the fact that an order is wrong, if not falling under the said six enumerated instances, does not warrant disciplinary actions – The enumerated instances are however only a guide and not meant to be mandatorily adhere to without exception – In the present case, the charges alleged against the Appellant in the chargesheet fall under the category of a wrongful order, which does not appear to have been influenced by extraneous factors or any form of gratification – It appears that the order has been passed in good faith, without any indication of dishonesty – The power exercised by the Appellant in his capacity as a Tehsildar, while passing the order of Land Settlement Order, cannot be considered of a nature that would warrant disciplinary proceedings against him – As to the second question, regarding whether delay is a ground for stopping the departmental proceedings at the stage of the chargesheet itself, suffice it to say that this varies from case to case – However, in the instant case where there is unexplained inordinate delay in initiating departmental proceedings despite the alleged misconduct being within the knowledge of the department, but still no departmental proceedings are initiated, the answer must go in favour of the employee – However, there may be cases where the department was not even aware of such irregularities or the misconduct, which is of such a nature that it is indicative, based on material considerations of factors other than merit, such as extraneous influences and gratifications – In such cases, such a delay, by itself would not be a valid ground to scuttle the initiation of the process of departmental proceedings. [Paras 15, 16, 17]

Keywords: Tehsildar · Quasi-judicial order · Land settlement · Chargesheet · Unexplained delay · Disciplinary action · Negligent acts · Undue favour · Malafides · Extraneous influence · Incorrect quasi-judicial orders

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Bibhuti Bhushan Bose (1990) Supp. 1 SCC 738 (2005) 6 SCC 636. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Augustine George Masih, J. 1. This appeal challenges the judgment dated 30.04.2019 passed by the Division Bench of the High Court of Madhya Pradesh Bench at Gwalior (hereinafter referred to as “Impugned Judgment”) whereby the High Court allowed the Writ Appeal filed by the Respondents, reversing the Order of the learned Single Judge dated 26.04.2017, which quashed the chargesheet dated 29.04.2011 issued to the Appellant. As a result, the disciplinary proceedings and the chargesheet were revived. 2. Facts in instant case are that the Appellant was appointed as Naib Tehsildar on 15.0
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