findings of the Tribunal for
Disciplinary Proceedings holding the charges as proved. When the
Tribunal for Disciplinary Proceedings, after examining the charges
framed against ... reason to deviate from the
findings of the Tribunal for Disciplinary Proceedings.
Hence, the misconduct committed by the delinquent
officer is of grave nature
breach of prescribed rules of conduct
would constitute misconduct for disciplinary proceedings. This
code of conduct being not exhaustive it would not be prudent ... duty may not involve mens rea but may still
constitute misconduct for disciplinary proceedings."
The reliance on the said decision is in view
duty may not involve mens rea
but may still constitute misconduct for disciplinary
proceedings."
(emphasis supplied)
19. The learned Counsel for the petitioner placed ... misconduct. Gross or habitual negligence in
performance of duty may not involve mens rea yet it may still
constitute misconduct for disciplinary proceedings
learned Government
Advocate further states that on account of certain misconduct,
disciplinary proceedings were initiated against the writ petitioner
and the same is also
road accident on 21.12.1991 and, construing the said act
as misconduct, disciplinary proceedings were initiated against him and after
conducting detailed enquiry, he was removed
employee
has committed some misconduct. If the acts amount to misconduct under
regulation which were in force, disciplinary proceedings will require to be
j * .
initiated ... establish that such conduct is actually a misconduct.
Disciplinary proceedings cannot be initiated only on the basis of
suspicion as held in Zunjarao Bhikaji Nagarkar
breach of prescribed rules of conduct would
constitute misconduct for disciplinary
proceedings. This code of conduct being not
exhaustive it would not be prudent ... 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
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."
10. Again in case of J. Ahmed (supra
conditions for initiation for disciplinary proceedings/judicial proceedings and the limitation within which such initiation of the proceedings can be done has been made explicit ... proceedings may include: (i) whether misconduct tantamounts to grave misconduct; (ii) whether conviction is of serious crime; (iii) judicial proceedings includes civil cases involving
cause of action. However,
when retirement benefits are withheld by way of disciplinary
action, the order would necessarily have to be challenged
within the period ... frivolous, vexatious or harassive. While under suspension in
contemplation of disciplinary proceedings for misconduct
related to the first FIR, the appellant committed theft
