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1 - 10 of 26 (0.31 seconds)Section 215 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Section 144A in The Income Tax Act, 1961 [Entire Act]
Section 263 in The Income Tax Act, 1961 [Entire Act]
Section 183 in The Income Tax Act, 1961 [Entire Act]
State Of Punjab And Ors vs Ram Singh Ex. Constable on 24 July, 1992
V.D. Trivedi v. Union of India, (1993) 2 SCC 55, Union of India v. Upendra Singh, (1994) 3 SCC 357=1994(2) SLJ 77 (SC), M.S. Bindra v. Union of India, (1998) 7 SCC 310=1999(2) SLJ 96 (SC), Hindustan Steel Limited v. State of Orissa, (1969) 2 SCC 627, State of Punjab v. Ex-Constable Ram Singh, (1992) 4 SCC 54, and various other judgments and held that to maintain any charge sheet against a quasi judicial authority something more has to be alleged than a mere mistake of law that is in the nature of some "extraneous consideration" influencing the quasi judicial order. In the present case nothing of the sort is alleged in the impugned charge sheet which renders the charge sheet illegal. The Hon'ble Court stressed that in order to maintain the confidence and independent functioning of a quasi judicial authority and saving the disrepute of the quasi judicial authorities, they should be allowed to work and discharge their functions without fear or favour because constant threat of disciplinary proceedings against them would not be desirable. The Hon'ble Court also stated that if for every error of law, the quasi judicial officers are charged for misconduct, it would impinge upon the confidence and independent functioning of the quasi-judicial officers.
Section 163 in The Income Tax Act, 1961 [Entire Act]
State Of Andhra Pradesh vs N. Radhakishan on 7 April, 1998
21. Finally coming to the contention raised by the applicant about the delay in initiating as well as concluding the disciplinary proceedings, the learned Counsel for the applicant has invited our attention to a large number of orders, including State of A.P. v. N. Radhakishan, (1998) 4 SCC 154=1998(3) SLJ 162 (SC).
Sate Of Punjab And Ors vs Chaman Lal Goyal on 31 January, 1995
"19. It is not possible to lay down any predetermined principles applicable to all cases and in all situations where there is delay in concluding the disciplinary proceedings. Whether on that ground the disciplinary proceedings are to be terminated each case has to be examined on the facts and circumstances in that case. The essence of the matter is that the Court has to take into consideration all the relevant factors and to balance and weigh them to determine if it is in the interest of clean and honest administration that the disciplinary proceedings should be allowed to terminate after delay particularly when the delay is abnormal and there is no explanation for the delay. The delinquent employee has a right that disciplinary proceedings against him are concluded expeditiously and he is not made to undergo mental agony and also monetary loss when these are unnecessarily prolonged without any fault on his part in delaying the proceedings. In considering whether the delay has vitiated the disciplinary proceedings the Court has to consider the nature of charge, its complexity and on what account the delay has occurred. If the delay is unexplained prejudice to the delinquent employee is writ large on the face of it. It could also be seen as to how much the Disciplinary Authority is serious in pursuing the charges against its employee. It is the basic principle of administrative justice that an officer entrusted with a particular job has to perform his duties honestly, efficiently and in accordance with the rules. If he deviates from this path he is to suffer a penalty prescribed. Normally, disciplinary proceedings should be allowed to take their course as per relevant rules but then delay defeats justice. Delay causes prejudice to the charged officer unless it can be shown that he is to blame for the delay or when there is proper explanation for the delay in conducting the disciplinary proceedings. Ultimately, the Court is to balance these two diverse considerations."