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Pratiksha Pravin Raut And Anr vs Divisional Commissioner, Konkan Div. ... on 4 September, 2017
cites
Mohammed Alam Ibrahim Shaikh vs S.G. Suryavanshi, Dy. Commissioner Of ... on 10 August, 2005
16. The Division Bench in Sureshkumar (supra) has made
reference to decision of Nagpur High Court (as it then was) in
Shaikh Mohammad Vs. G.G. In Council7, which has again
interpreted the term "misconduct" to literally mean wrong or
improper conduct, i.e., conduct in violation of a definite rule of
action and it ordinarily means failure to do what is required of a
person to be done. Omission to do what is required of a person to do
may therefore, constitute misconduct even though a person may not
have acted willfully or maliciously.
Baldev Singh Gandhi vs State Of Punjab And Others on 14 February, 2002
In case of Baldev Gandhi (supra) elected Municipal
Councillor was removed from Membership by the executive, because
he criticised house tax assessment list and asked the tax payers to
come to him for sorting out the grievances. The Hon'ble Supreme
Court, after holding that mere criticism of the house tax assessment
list, unaccompanied by any incitement to defy the tax law, did not
amount to misconduct and struck down the order of removal of the
Member. However, that was on the facts of the matter. The Hon'ble
Supreme Court after adverting to various shades of the expression
"misconduct" has clearly held that the expression will have to be
construed with reference to subject and the context where the said
expression occurs, regard being had to the aim and object of the
statute.
Zelia M.Xavier Fernandes E.Gonsalves vs Joana Rodrigues & Ors on 3 February, 2012
In Zelia M. Xavier Fernandes E. Gonsalves vs. Joana
Rodrigues and ors.10, the Hon'ble Supreme Court, upheld the
disqualification of Panchayat Member under Section 10(f) of the
Goa Panchayat Raj Act, 1994 on the ground that she had a direct or
indirect monetary interest in a contract awarded by the Panchayat
to her husband. The Hon'ble Supreme Court observed that the
purpose and object of providing several disqualifications is to ensure
the purity of the administration of the Municipal Committees and in
that sense the different clauses of disqualifications should not
10 (2012) 3 SCC 188
N.S. Kamble page 17 of 20
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receive unduly narrow or restricted construction.
Manohar Narayan Joshi And Ors. vs State Of Maharashtra And Ors. on 23 August, 1979
In Manohar Joshi Vs. State of Maharashtra and
ors.11, the Hon'ble Supreme Court observed that the expectations
from the political executive are that it must be above board, and
must act in accordance with the law and not in furtherance of the
interest of a relative. That was a case where strictures passed by this
Court against the Chief Minister of the State were approved by the
Hon'ble Supreme Court after affirming this Court's finding that
deletion of reservation and grant of development permissions were
wholly illegal, unjustified and were issued only to benefit near
relative of the Chief Minister. At paragraphs 205 to 207, the Hon'ble
Supreme Court had observed thus:
Shivajirao Nilangekar Patil vs Dr. Mahesh Madhav Gosavi & Ors. And Vice ... on 9 December, 1986
"205. Same are the expectations from the political
executive viz. that it must be above board, and must act
in accordance with the law and not in furtherance of the
interest of a relative. However, as the time has passed,
these expectations are belied. That is why in Shivajirao
Nilangekar (Shivajirao Nilangekar Patil v. Mahesh
Madhav Gosavi, (1987) 1 SCC 227) this Court had to
lament in para 51 of the judgment as follows: (SCC
p.253)
"51. This Court cannot be oblivious that there has
been a steady decline of public standards or public morals
and public morale. It is necessary to cleanse public life in
this country along with or even before cleaning the
physical atmosphere. The pollution in our values and
standards in (sic is) an equally grave menace as the
11 (2012) 3 SCC 619
N.S. Kamble page 18 of 20
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pollution of the environment. Where such situations cry
out the courts should not and cannot remain mute and
dumb"
Sureshkumar Kanhaiyalal Jethlia vs State Of Maharashtra And Ors. on 22 June, 2001
In Sureshkumar s/o. Kanhaiyalal Jethlia vs. State of
Maharashtra and ors.6, the Division Bench of this Court in the
context of provisions contained in Section 55A of the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships Act,
1965, which also provided for the removal of President or Vice-
President of a Municipal Council for "misconduct in the discharge of
duties" has made reference to Concise Oxford dictionary meaning of
the expression "misconduct" to mean improper, unprofessional
behaviour, bad management or mismanagement. The expression
"neglect" has been held to mean failure to care for or to do, overlook
or forget the need to do a thing, not to pay attention to, lack of
caring etc..