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TMI Blog2006 (4) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 punished by the disciplinary authority on the ground that he had negligently allowed claims for refund to an applicant on three different occasions. The punishment imposed was stoppage of two annu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 of the Tribunal was challenged by the appellants before the High Court. The High Court came to the conclusion that since no ulterior motive was alleged against the respondent, the Tribunal was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ances 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 material to show recklessness or misconduct in the discharge of his duty; (iii) If he has acted in a manner which is unbecoming of a Government servant; (iv) If he had acted ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 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 the case of Zunjarrao Bhikaji Nagarkar (supra) considered and referred to these earlier decisions. However, the Court appears to have reverted back to the earlier view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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