MISCONDUCT OF INFERIOR MINISTERIAL OFFICERSCentral

Section 80 of The Presidency Small Cause Courts Act, 1882

If any clerk, bailiff or other inferior ministerial officer of the Small Cause Court is charged with extortion or misconduct while acting under colour of its process, or with not duly paying or accounting for any money levied by him under its authority, the Court may inquire into such charge, and may make such order for the repayment or payment of any money so extorted, or of any money so levied as aforesaid, and of damages and costs, by such officer, as it thinks fit.

Summary

The court can investigate any inferior officer, like a clerk or bailiff, who is accused of extortion or misconduct while executing court orders.
This section also covers cases where an officer fails to pay or account for money they collected under the court's authority.
The court has the power to order the officer to pay back any extorted money, pay over collected money, and pay damages and costs.

Practical examples

1A bailiff named Anthony goes to seize a cart and demands an extra fifty rupees from the owner as a bribe to let him keep his personal horse. The owner complains, and the court conducts an inquiry and orders Anthony to refund the fifty rupees and pay twenty rupees in damages.

2A clerk named Dev collects one hundred rupees from a debtor to satisfy a decree but keeps the cash in his personal desk instead of depositing it. The creditor complains, and the court finds Dev guilty of misconduct and orders him to pay the full one hundred rupees along with the costs of the inquiry.

FAQ

1. What is the remedy if a court officer extorts money under Section 80 of the Presidency Small Cause Courts Act, 1882?

Under Section 80 of the Presidency Small Cause Courts Act, 1882, you can charge the officer with extortion, and the court can hold an inquiry and order the officer to repay the extorted money, plus damages and costs.

2. Does Section 80 of the Presidency Small Cause Courts Act, 1882, apply if an officer simply forgets to account for collected money?

Yes, under Section 80 of the Presidency Small Cause Courts Act, 1882, if an officer does not duly pay or account for money levied under court authority, they can be investigated and ordered to pay.

3. Which court conducts the inquiry into an officer's misconduct under Section 80 of the Presidency Small Cause Courts Act, 1882?

Under Section 80 of the Presidency Small Cause Courts Act, 1882, the Small Cause Court itself has the power to inquire into charges of extortion or misconduct against its inferior ministerial officers.

Test yourself

Q1.Under Section 80 of the Presidency Small Cause Courts Act, 1882, what actions by a ministerial officer can trigger a court inquiry?

Q2.What remedies can the court order against a guilty officer under Section 80 of the Presidency Small Cause Courts Act, 1882?

Q3.Under Section 80 of the Presidency Small Cause Courts Act, 1882, what does the term "money levied" mean?

Q4.Under Section 80 of the Presidency Small Cause Courts Act, 1882, who can be charged under this specific section?

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