TMI Blog2006 (4) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... r>Ruma Pal, C.K. Thakker and Markandy Katju, JJ JUDGEMENT Leave Granted. The issue in this appeal is whether disciplinary action could be taken against the respondent employee on the ground that the employee had been found to be grossly negligent while discharging quasi-judicial functions. We need not to go into the factual aspect of the dispute except to record that the respondent had been pun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. But it was held, relying upon the decision of this Court in Zunjarro Bhikaji Nagarkar vs. Union of India and Ors : 1999 (7) SCC, 409 = (2002-TIOL-130-SC-CX) that disciplinary proceedings would not lie against the officer discharging quasi-judicial functions unless it were established that the officer concerned had obtained an undue advantage thereby or in connection therewith. The decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther said that the officer who exercises judicial or quasi-judicial powers acting negligently or recklessly could be proceeded against by way of disciplinary action. The Court listed six instances when such action could be taken. (i) Where the officer had acted in a manner as would reflect on his reputation for integrity or good faith or devotion to duty; (ii) If there is prima facie materia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowed in Govt. of T.N. vs. K.N. Ramamurthy 1997 (7) SCC 101 = (2002-TIOL-439-SC-MISC). In that case the Tribunal had set aside the order imposing punishment on an officer who had been discharging judicial functions. The Court was of the view that Tribunal's action was contrary to the several judgements of this Court and the settled law on the question. In 1999 another bench of two judges in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at larger bench would prevail. The decision in Nagarkar's case therefore does not correctly represent the law. Inasmuch as the impugned order of the Tribunal and the High Court were passed on the law enunciated in Nagarkar's case this appeal must be allowed. The impugned decisions are accordingly set aside and the order of punishment upheld. There will be no order as to costs. X X X X Extracts X X X X X X X X Extracts X X X X
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