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SANJAY DWIVEDI
Kailash Bundela – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This petition, under Article 226 of the Constitution of India, has been filed seeking quashing of order rejecting the request of petitioner for not initiating departmental enquiry and also for quashing of chargesheet dated 29.4.2019 (Annexure P/9).
2. The petitioner, at the time of discharging his duties as Additional Collector granted permission exercising the power provided under sections 165(6) and 165(7-b) of the Madhya Pradesh Land Revenue Code, 1959 (for brevity ‘Code of 1959’) and it is alleged that the said permission has been given by the petitioner by not following the due procedure and thereby causing loss to the Government exchequer and it is also alleged that he was not competent to grant such permission, and as such, chargesheet was issued to the petitioner containing as many as 13 charges. After issuing chargesheet, an enquiry was initiated against the petitioner which was challenged by him by filing this petition but no interim order has been granted to him and the departmental proceeding is still going on.
3. As per learned counsel for the State, the prosecution witnesses have been examined and defendants are to be examined and thereafter final order would be
Errors in judgment by quasi-judicial officers do not constitute misconduct unless there are allegations of extraneous considerations or improper motives.
Prosecution of a public servant requires prior sanction under Section 197 Cr.PC; absence of such sanction voids the proceedings against the petitioner.
Departmental proceedings must adhere to principles of natural justice, and acquittal in criminal cases does not preclude disciplinary action but requires proper evidence examination.
Point of law :Prevention of corruption - If a public servant, acting as a quasi judicial authority under a statute, passes an order and if such order is in favour of a person other than the Governmen....
A public servant acting in a quasi-judicial capacity is protected from criminal prosecution for errors made in judgment unless evidence of malfeasance is present.
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