disciplinary measure by way of penalty, a clear case of
misconduct should have been established.
(d) In the context of disciplinary proceedings,
misconduct does ... charge of misconduct. What is
alleged is not misconduct as the word is understood in
service jurisprudence in the context of disciplinary
proceedings. Therefore
this court.
Whether the conduct of the petitioner tantamounted to misconduct
inviting disciplinary proceedings
47. The petitioner's further submission is that even ... nature of conduct which could be construed as misconduct
inviting disciplinary proceedings and penalty against him. The
expression `Misconduct' is not defined under
Murder, trial and disciplinary enquiry
C Submissions of counsel
D
Signature Not Verified
Proof of misconduct in disciplinary proceedings
Digitally signed by
Chetan Kumar ... interference by this Court is warranted.
D Proof of misconduct in disciplinary proceedings
12 The primary charge in the disciplinary proceedings relates to the involvement
criminal trial beyond reasonable doubt is applicable in proving misconduct in disciplinary proceedings or not? The aforesaid question was answered by Hon. Apex Court ... trial beyond reasonable doubt is not applied in proving misconduct of employee in departmental disciplinary proceeding and it was also held that the findings
Mukesh Rao vs The High Court Of Punjab & Haryana And ... on 18 December, 2012
duty may not involve mens rea but may still constitute misconduct for disciplinary proceedings.
13. Again in State of Punjab v. Ram Singh Ex-constable ... which disciplinary proceedings can be instituted. Rule 4(1)(b) merely says that the appropriate Government competent to institute disciplinary proceedings against a member
breach of prescribed rules of conduct would constitute misconduct for disciplinary proceedings. This code of conduct being not exhaustive it would not be prudent ... personal character of personal ability would not constitute misconduct for the purpose of disciplinary proceedings.
12. While interpreting what generally constitutes misconduct especially
respondent herein is its
Managing Partner. It appears, the appellant was apprehending
disciplinary action against him. In that context, it is alleged that ... entering into it. For
the above mentioned alleged misconducts, disciplinary
proceedings were initiated against the appellant, by issuing a
charge memo dated 4.9.1997. A translation
judicial function
disclosing abuse of power was treated as
constituting misconduct for initiating
disciplinary proceedings. A single act of
omission or error of judgment would ... duty may no involve mens
rea but may still constitute misconduct for
disciplinary proceedings.
Having cleared the ground of what would
constitute misconduct
evidence in departmental/disciplinary proceedings and criminal
prosecution, there is bound to be prejudice to the delinquent, if the
disciplinary proceedings are not stayed ... disciplinary proceedings which are narrower and limited in nature,
mostly relating to the Accounting Standards.
(ii) In the disciplinary proceedings, the charges have been framed
