Disciplinary Enquiry – Charge sheet after 12 years illegal says Supreme Court

Judges Protection Act, 1985 – Quasi judicial powers of Tehsildar – Land Settlement Order  – Disciplinary Enquiry

The appellant while working as Tehsildar had passed orders in exercise of quasi judicial functions under Section 57(2) of the Madhya Pradesh Land Revenue Code, 1959.

Charge-sheet was issued after more than 12 years.    In the instant case, 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 Officer.

The power exercised by the appellant as Tehsildar while passing the order of Land Settlement Order cannot be considered of a nature that would warrant disciplinary proceedings against him.   The charges in the disciplinary inquiry fall in the category of a wrongful order which do not appear to have been influenced by extraneous factors or any form of gratification.  It appears that the ord.  .er has been passed in good faith, without any indication of dishonesty.

Judgment dated 1.4.2025 of the Supreme Court of India in Civil Appeal No.10590 of 2024 of Amresh Shrivastava    Vs.   The State of Madhya Pradesh and others