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Judges (Protection) Act, 1985


3. Additional protection to judges:-

(1) Notwithstanding anything contained in any other law for the time being in force and subject to the provisions of sub-section (2), no court shall entertain or continue any civil or criminal proceeding against any person who is or was a Judge for any act, thing or word committed, done or spoken by him when, or in the course of, acting or purporting to act in the discharge of his official or judicial duty or function.

(2) Nothing in sub-section (1) shall debar or affect in any manner the power of the Central Government or the State Government or the Supreme Court of India or any High Court or any other authority under any law for the time being in force to take such action (whether by way of civil, criminal or departmental proceedings or otherwise) against any person who is or was a Judge.

Comment: Departmental proceedings may be initiated against a judicial or quasi-judicial authority if there is prima-facie evidence of misconduct on the part of the authority (1990) 13 ATC 192 (CAT) (Delhi)



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