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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble J.J. Munir,J.
Amar Pal Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. The petitioner is a member of the Provincial Civil Service, [‘PCS’ for short] of the State. He is aggrieved by initiation of disciplinary proceedings against him and prays that the charge-sheet dated 18.08.2023 issued to him by the State Government, initiating proceedings under Rule 7 of the Uttar Pradesh Government Servants (Discipline and Appeal) Rules, 1999, [‘Rules of 1999’] be quashed. There is another prayer, which says that a mandamus be issued to the respondents, ordering them to conclude the disciplinary proceedings initiated against the petitioner expeditiously. Though the second prayer is not expressed to be one made in the alternative, but, the for short two are so diametrically opposed to each other that they have to be regarded as prayers made in the alternative.
2. The petitioner was selected to the PCS of the State by the Uttar Pradesh Public Service Commission, [‘UPPSC’ for short] and appointed a Sub-Divisional Magistrate, [‘SDM’ for short] on 04.06.2005. He is an officer of the 2004 batch of the UPPSC. He was next promoted to the post of a City Magistrate in the year 2015, and then, an Additional District Magistrate in the year 2016. He w
Errors in judgment by quasi-judicial officers do not constitute misconduct unless there are allegations of extraneous considerations or improper motives.
A mere error in jurisdiction without evidence of misconduct or personal gain cannot be termed as misconduct, making the employee liable to disciplinary proceedings.
Disciplinary actions against a government employee must respect principles of natural justice and prior judicial orders, ensuring fairness and unbiased proceedings.
Judicial officers can face disciplinary action for misconduct, but not for mere errors in judgment, emphasizing the need for judicial independence.
The necessity of providing reasons in administrative decisions is crucial for ensuring accountability and facilitating judicial review.
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