Absence from duty--Whether `grave
misconduct'--Withholding of pension----Whether permissible.
Words & Phrases: `Grave misconduct'--Meaning of---Rule
8(5), Explanation ... explanation (b) defines 'grave misconduct' thus'
"The expression 'grave misconduct' includes the communica-
tion or disclosure of any secret
amount only when the pensioner is found to be guilty of grave misconduct, in the Departmental or Judicial Proceedings. In this case no departmental proceeding ... found in departmental or judicial proceeding to have been guilty of grave misconduct, or to have caused pecuniary loss to Govt by misconduct or negligence
Chairman Cum Managing Director ... vs Sri Rabindranath Choubey on 27 May, 2020
Equivalent citations: AIR
weight etc. There is, however, a distinction between 'misconduct' and 'grave misconduct'/and 'gravest acts of misconduct' expression used ... authority upon conclusion of the proceedings may include: (i) whether misconduct tantamounts to grave misconduct; (ii) whether conviction is of serious crime; (iii) judicial proceedings
satisfactory at all and he was also involved in grave
misconduct during the time he was working in the Irrigation Department.
That ... such a misconduct. No question of remanding the
proceedings under Rule 139(a) and (b) would survive as the alleged grave
misconduct could
right in concluding that the only kind of misconduct which
should be held to be grave misconduct is communication etc.
of an official ... secret. There can be many kinds of grave
misconduct. The explanation does not confine grave
misconduct to only the type of misconduct described there
misconduct:- In a case not
falling under regulation 44 if the Competent Authority considers
that the pensioner is prima facie guilty (sic) grave misconduct ... criminal misconduct, then certainly resort
to Regulation 44 is permissible. Regulation 45 deals with the
situation of pensioner guilty of grave misconduct, and it stipulates
appellant/delinquent was either guilty of "grave negligence" or of "grave
misconduct". The punishing authority recorded, while passing the
punishment order ... misconduct.
Therefore, the finding recorded in the impugned order that the appellant
had committed acts of "grave misconduct" cannot be accepted. The above
grave misconduct and that a misconduct of failure to maintain
devotion to duty could never be a case of grave misconduct.
14. Per contra learned ... misconduct.
Counsel urged that the nature of the allegations constituting
the offence, and which were proved, would determine whether
the misconduct was a grave misconduct
petitioner has submitted that respondent was guilty of grave negligence and grave misconduct in as much as bills were passed without verifying the signatures ... similarity or dissimilarity. Therefore, this cannot be taken as a grave negligence or grave misconduct on his part.
11. In Union of India
