Union Of India & Ors vs J. Ahmed on 7 March, 1979
9. Further, according to the applicant the charge against him cannot be construed as misconduct. Once there was no ill-motive, the action of the employee cannot be construed as misconduct. The Honble Apex Court has defined misconduct in the case of Union of India vs. J. Ahmed (AIR 1979 SC 1022). The relevant part of the said judgment reads as under:-