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"Thus it could be seen that the word 'misconduct' though not capable of precise definition, its reflection receive its connotation from the context, the delinquency in its performance and its effect on the discipline and the nature of the duty. It may involve moral turpitude, it must be improper or wrong behaviour; unlawful bahaviour, wilful in character; forbidden act, a transgression of established and definite rule of action or code of conduct but not mere error of judgment, carelessness or negligence in performance of the duty; the act complained of bears forbidden quality or character. Its ambit has to be construed with reference to the subject-matter and the context wherein the term occurs, regard being had to the scope of the statute and the public purpose it seeks to serve. The police service is a disciplined service and it requires to maintain strict discipline. Laxity in this behalf erodes discipline in the service causing serious effect in the maintenance of law and order."

13. The case of M.M. Malhotra (supra) relates to a pilot officer with Indian Air Force. A complaint was lodged by his wife regarding his illicit relations with another woman whereupon the Court of Inquiry was initiated against him and the order of compulsory retirement was passed which was upheld by the High Court. The Hon‟ble Supreme Court held as under:-

"14. The Scheme of the disciplinary rules in general is to identify the conduct which is made punishable and then to provide for the various punishments which may be imposed for the acts which are inconsistent with such conduct. For example, the Central Civil Services (Conduct) Rules, 1964 contain provisions which pertain to the standards of conduct which the Government servant (within the meaning of those rules) are to follow whereas the Central Civil Services (Classification, Control and Appeal) Rules, 1965 provide the punishment or penalties which may be imposed for misconduct. The conduct rules and the rules for punishment may be provided in separate rules or combined into one. Moreover, there are a host of departmental instructions which elucidate, amplify and provide guidelines regarding the conduct of the employees." "15. The range of activities which may amount to acts which are inconsistent with the interest of public service and not befitting the status, position and dignity of a public servant are so varied that it would be impossible for the employer to exhaustively enumerate such acts and treat the categories of misconduct as closed. It has, therefore, to be noted that the word 'misconduct' is not capable of precise definition. But at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of the duty. The act complained of must bear a forbidden quality or character and its ambit has to be construed with reference to the subject-matter and the context wherein the term occurs, having regard to the scope of the statute and the public purpose it seeks to serve."

15. We find that Section 11 of the CRPF Act, 1949 refers to disobedience, neglect of duty or remissness in the discharge of any duty or `other misconduct‟ in his capacity as a member of the Force.

16. The question which requires to be answered is as to whether the petitioner in these facts could be held as guilty of misconduct and therefore punished. It therefore, becomes necessary to consider the definition of as to what would constitute misconduct. In this regard, reference can be made to the pronouncement of the Division Bench of this court dated 27th August, 2002 in WP (C) No.5552/2000 entitled Tara Chand vs. UOI & Ors. This judgment was also rendered in the context of the CRPF Act. The court noticed that misconduct not having been defined in the CRPF Act must carry its ordinary meaning. The Division Bench placed reliance on several judicial precedents and legal texts and observed as follows :-

19. So far as the afore-noticed para 23 of the Government of India decisions is concerned, the same merely sets out some instances of conduct which may amount to misconduct. Section 11 of the CRPF Act, 1949 does not describe or exhaustively enumerate acts which would be covered within the definition of "misconduct". In this background, the construction of conduct and actions which would be covered within the meaning of expression "other misconduct" in Section 11(1) of the CRPF Act, 1949 would take colour from the actions detailed in Rule 3(1) and 23 of the CCS (Conduct) Rules as well as para 23 of the Government of India decisions. Failure to maintain integrity and honesty in a public examination would be covered within the meaning of expression "other misconduct" as defined under Section 11(1) of the CRPF Act, 1949.