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Mohammed Alam Ibrahim Shaikh vs S.G. Suryavanshi, Dy. Commissioner Of ... on 10 August, 2005

The action against respondent No. 1 as evident, is taken not under sub-section (1) of Section 55, but under sub-section (2) of Section 55 of Adhiniyam 1972. Therefore, incumbent it was upon the Director to have established the misconduct, which means wrong or improper conduct i.e. conduct in violation of a definite rule of action. It ordinarily means failure to do what is required of a person to be done. (Please see Shaikh Mohammad Vs. G.G. In council : AIR 1954 Nagpur 337).
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