provides the
procedure for enquiry. Clause 3(f) defines 'misconduct' as
follows:
"Misconduct" shall mean any illegal or wrongful ... conduct an enquiry either suo moto
or on a complaint about any misconduct and the procedure in
that regard so that the Chairman
stood confirmed. b) The memo of charge read
with the imputation of misconduct only alleged that the
appellant was in error by not having imposed ... culpability on the part of the
petitioner nor do they amount to misconduct. That being so,
the present charge-sheet is liable to be quashed
which "A
government servant under suspension on a charge of
misconduct shall not be ............ permitted to retire on
his reaching the date of compulsory ... date
of his compulsory retirement under suspension on charges of
misconduct.
(v)Whenever any charge of misconduct is under enquiry by
the Government
consider additional evidence.
HEADNOTE:
An inquiry was held into certain allegations of misconduct
against the respondent, who was an employee of the
appellant ... issued to Ludh Budh Singh alleging that he
was guilty of misconduct under cls. (b) (i) and (in) of
paragraph 27 of the Certified Standing
India
Services (Discipline and Appeal) Rules, 1969 for his alleged
misconducts during his tenure in BSF, North Bengal, on the following
counts :-
(i) Indulged ... capacity as a prescribed
officer and thus, it clearly established the misconduct on the part of
the appellant and the charge stood proved against
acts committed
by the appellant were subversive of indiscipline and
constituted misconduct, as contemplated by the Standing
Order 27(1) as applicable to the appellant ... with which the employer is not
concerned falls outside the categories of misconduct, acts
which are subversive of discipline amongst employees or
83
misconduct
Court can reappraise evidence led in domestic enquiry to
satisfy whether misconduct against workman is established.
Arbitrator and the Court can reject evidence of misconduct ... evidence,
Constitution of India-Article 136-Supreme Court can
reject findings of misconduct based on no legal evidence.
Words and Phrases-Misconduct-Whether keeping
Director of the Academy without holding an enquiry into the
alleged misconduct recommended to the Government that the
appellant should be discharged from service ... reality an order terminating
his services on the ground of misconduct and as such could
not have been passed without holding an enquiry as
contemplated
regular basis in CRPF on disbandment of
Auxiliary Battalion due to misconduct and attitude as
reported by the Commandant of the 124 Auxiliary Battalion ... they were not considered for absorption.
In what situation the allegation of misconduct will be
the motive and in what cases they will be foundation
held
established against the respondent represent errors of
judgment but not "misconduct". The High Court opined that
though the respondent was guilty ... said acts of
the respondent, the High Court held, the charge of
misconduct is not established. Accordingly, the writ
petition was allowed, the order
