VIGILANCE MANUAL VOLUME III - AP Online

258 DECISION - 46
A disciplinary enquiry was instituted against the petitioner
Tahsildar. The main charge related to his conduct while functioning
as the original Tenancy Court under the Bombay Tenancy and
Agricultural Lands Act with reference to certain suits. The Enquiry
Officer found that the charges could not be held proved. The State
Government, however, issued a show cause notice holding the
charges as proved and called upon him to explain why the penalty of
reduction should not be imposed. On receipt of his reply, the Public
Service Commission was consulted and a penalty of reduction to the
minimum of Tahsildar’s grade for a period of 3 years was imposed.
The High Court held that where a judicial officer (Mamalatdar)
is charged with actual misconduct amounting to abuse of his authority
consisting in bias in favour of one of the litigants, disciplinary enquiry
does not amount to executive interference with the judicial functions
of the officer. The Judicial Officers Protection Act and the provisions
contained in the penal law of the country providing for prosecution of
Judicial Officers for certain offences in connection with the
administration of justice have no bearing on the question whether
such officers are or are not amenable to disciplinary control by their
administrative superior.
(46)
Termination — of temporary service
When the services of a temporary servant are
terminated by giving a simple notice under
Temporary Service Rules, placing a ban on his future
employment is bad in law.
Krishan Chander Nayar vs. Chairman, Central Tractor Organisation,
AIR 1962 SC 602
The petitioner was a machineman. His services were terminated
on 16-9-54 under rule 5 of the Temporary Service Rules by giving him a
month’s pay in lieu of notice. When the petitioner applied for various jobs
he learnt that the respondent had placed a ban on his joining a Government
service. He made a representation against it and the same was rejected.
He filed a petition but it was dismissed by the High Court in lumine.