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The New India Assurance Co. Ltd vs Chandrakant Gokalbhai Patel on 6 September, 2023 cites

Union Of India & Ors vs J. Ahmed on 7 March, 1979

26. It was noted in Union of India versus J. Ahmed (supra), that there may be negligence in performance of duty and a lapse in performance of duty or error of judgment in evaluating the developing situation, but that would not constitute misconduct unless the consequences directly attributable to negligence would be such as to be irreparable or the resultant damage would be so heavy that the degree of culpability would be very high. An error can be indicative of negligence and the degree of culpability may indicate the grossness of the negligence. Carelessness can often be productive of more harm than deliberate wickedness or malevolence. Referring to certain hypothetical examples in paragraph '11' of the said decision, it was observed that : -
Supreme Court of India Cites 6 - Cited by 473 - D A Desai - Full Document

Chairman & M.D., Bharat Pet. Corpn. Ltd. ... vs T.K. Raju on 24 February, 2006

25. It was observed that in the Chairman and M D, Bharat Pet. Corpn Ltd. versus T K. Raju (supra), it was noted that misconduct is a generic term. Term embraces acts which the office holder had no right to perform, acts performed improperly, and failure to act in the face of an affirmative duty to act. The misconduct is a relative term, and has to be construed with reference to the subject matter and the context wherein the term occurs, having regard to the scope of the Act or the statute which is being construed. Misconduct literally means wrong conduct or improper conduct.
Supreme Court of India Cites 8 - Cited by 63 - S B Sinha - Full Document

Shardaprasad Onkarprasad Tiwari And ... vs Central Railway (Divisional ... on 31 July, 1959

542). A disregard of an essential condition of the contract of service may constitute Misconduct. (emphasize was to the decision of the High Court of Bombay in Sharadprasad Page 24 of 35 Downloaded on : Sat Sep 16 16:18:39 IST 2023 NEUTRAL CITATION C/LPA/1114/2022 CAV JUDGMENT DATED: 06/09/2023 undefined Onkarprasad Tiwari v. Divisional Superintendent, Central Railway, Nagpur Division, Nagpur reported in AIR 1961 Bom 150 : 61 Bom LR 1596 therein). The definition of Misconduct in Stroud's Judicial Dictionary, has been noted therein.
Bombay High Court Cites 3 - Cited by 93 - Full Document

S. Govinda Menon vs The Union Of India & Anr on 2 February, 1967

28. The decision of the Apex Curt in S. Govinda Menon v. Union of India reported in (1967) 2 SCR 556 : AIR 1967 SC 1274, was further noted to record that though the manner in which a member of the service discharged his quasi-judicial function disclosing abuse of power was treated as constituting misconduct for initiating disciplinary proceedings, however, a single act of omission or error of judgment would ordinarily not constitute misconduct though if such error or omission results in serious or atrocious consequences, the same may amount to Misconduct. It is however, difficult to believe that lack of efficiency or attainment of highest standards in discharge of duty attached to public office would ipso facto constitute misconduct.
Supreme Court of India Cites 14 - Cited by 179 - V Ramaswami - Full Document

Management Utkal Machinery Ltd vs Workmen, Miss Shanti Patnaik on 27 October, 1965

In industrial jurisprudence amongst others, habitual or gross negligence constitute misconduct but in Management, Utkal Machinery Ltd. v. Workmen, Miss Shanti Patnaik, (1966) 2 SCR 434 : (AIR 1966 SC 1051), in the absence of standing orders governing the employee's undertaking, unsatisfactory work was treated as misconduct in the context of discharge being assailed as punitive.
Supreme Court of India Cites 0 - Cited by 102 - V Ramaswami - Full Document
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