materials and records had come to an independent conclusion that the misconduct/failure of command on the part of Shri Jafa which was clearly proved ... militancy in the sensitive state of J&K. As the misconduct of Shri Jafa was a threat to the security of the state
recorded a finding that the applicant is guilty of grave misconduct or negligence in the discharge of public duty in the office and since recording ... departmental or judicial proceedings, the pensioner, is found guilty of grave misconduct or negligence during period of service, including service rendered upon re-employment after
member of the service only for a charge of grave misconduct. In Rule 10 of AIS (D&A) Rules, it is clearly stated that ... pension by way of punishment in respect of the charge of misconduct proved. But the learned Counsel for the applicant pointed out that there
reproduce the said Article of charge besides the statement of imputations of misconduct and misbehaviour, which read thus:--
ANNEXURE--I
"Article of Charges against ... Iyer)
Member (Finance)
Telecom Commission.
ANNEXURE--II
Statement of Imputations of Misconduct and Misbehaviour in Support of Article of Charges Against Shri M.A. Krishnan
reply to Para 4.7 of O.A. and counselling letters alleging specific misconduct, doubting the integrity of applicant in the light of the decision ... there has been a nexus between the order of termination and the misconduct the same is punitive.
10. Relying upon the constitutional Bench decision
office premises and hence it cannot be brought under the term 'misconduct'.
4. The third contention of the applicant is that the prosecution ... that it was clear that the applicant had been involved in gross misconduct so as to create a nuisance with the official who was duty
will not be punitive in nature. But, if there are allegations of misconduct and an inquiry is held to find out the truth of that ... misconduct and an order terminating the service is passed on the basis of that inquiry, the order would be punitive in nature as the inquiry
possession of a diploma in civil engineering does not constitute a misconduct and it is nowhere mentioned in CCS (CCA) Rules as amounting to misconduct ... Counsel for the respondents on the other hand contended that what constitutes misconduct enumerated in the CCS (CCA)/Conduct Rules is only illustrative
Gogia for the applicant is that the charges do not constitute misconduct as he had only drawn attention of higher authorities about the words stated ... their correspondence and hence the charges levelled against him from part of misconduct. According to her, the D. A. has passed order of penalty after
complainant in her rejoinder pleaded that this was a case of wilful misconduct and deliberate theft which had been committed with the knowledge and connivance ... that the complainant had failed to discharge the onus of proving wilful misconduct by the (opposite party) respondent as has been noticed hereinafter
