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
disciplinary authority had yet to take a decision, has
proceeded to hold that the charge proved cannot be held to be
a grave misconduct inasmuch ... grave misconduct and that a misconduct of failure to maintain
devotion to duty could never be a case of grave misconduct.
14. Per contra learned
ground that the Ministry is
contemplating inititation of disciplinary proceedings against
the said respondent. On attaining the age of superannuation
i.e. 60 years ... disciplinary proceedings are
initiated, the Government has the right to continue the same
after retirement as well. In cases where the gross misconduct
is found
disciplinary proceedings by issuing a charge-sheet with
respect to events which took place more than 4 years before initiation of the
disciplinary proceedings ... such institution;
Provided that the disciplinary proceedings so instituted
shall be in accordance with the procedure applicable to
disciplinary proceedings in relation to the employee
basis of suspension order do not attract misconduct as defined in service rules and hence no disciplinary proceedings or inquiry can be initiated, therefore, suspension ... suspension order will not attract misconduct as defined in the service rules and hence no disciplinary proceedings or inquiry can be initiated and therefore suspension
misconduct. Grave misconduct would be such misconduct which entails penalty of dismissal. Petitioner has been visited with the penalty of removal from service. The disciplinary ... present case, when a misconduct comes to light, a preliminary enquiry is held and the Disciplinary Authority proceeds to apply its mind on further action
imposed only if the misconduct was a grave misconduct. There is no finding that the misconduct was a grave misconduct.
(g) Since there ... limit in cases of serious misconduct.
46. Law on the subject as to when a Court should interdict disciplinary proceedings on the grounds of delay
disciplinary proceeding.....‖
19. To summarize the legal position, criminal and
departmental proceedings operate in their own distinct and
mutually exclusive jurisdictional areas. In a disciplinary ... settled legal position that the standard
of proof in disciplinary proceedings is proof beyond reasonable
doubt. In that view of the matter, the judgment
referred to, on the basic
principle that proceedings in a criminal case and
the departmental proceedings can proceed
simultaneously with a little exception ... departmental proceedings operate in distinct and
different jurisdictional areas. Whereas in the
departmental proceedings, where a charge relating
to misconduct is being investigated, the factors
initiation of disciplinary proceedings may cause prejudice to the employee concerned in defending himself and, therefore, the courts insist that disciplinary proceedings should be initiated ... disciplinary inquiry may be crystallized as under:-
(i) Unless the statutory rules prescribe a period of limitation for initiating disciplinary proceedings, there is not period
