account of absence from duty does not constitute "gravest act of
misconduct" as defined under Rrule 16.2 read with the explanation
appended thereto ... Dismissal.
Dismissal shall be awarded only for the gravest
acts of misconduct or as the cumulative effect of continued
misconduct proving incorrigibility and complete unfitness
Dismissal shall be
awarded only for the gravest acts of misconduct or as the
cumulative effect of continued misconduct proving
incorrigibility and complete unfitness ... following
shall, inter alia be regarded as gravest acts of misconduct
in respect of a police officer, facing disciplinary action:
(i)indulging in spying
period of six months as a
punishment on account of professional misconduct.
2. Respondent No.2 is a registered member of the petitioner-
institute ... respondent is thus guilty of professional misconduct
under Sections 21(5) and 22 Part I for following:
(a) Certified in the name of his firm
construed to fall within the expression of "gravest act of misconduct".
Heavy reliance has been placed upon the judgment ... that the act of negligence could not per se be
taken as misconduct. Counsel has further argued that under Rule 16.2 of the
Kaur Harjeet
office instructions, which would
be covered under Rule 26.1 governing "gross misconduct" and for which
the punishments are enumerated in Rule ... defending etc or that the punishment is totally
disproportionate to the proved misconduct of the employee.
The short question that arises for consideration in this
impose appropriate
punishment keeping in view the magnitude or gravity of the
misconduct. The High Court/Tribunal, while exercising the
power of judicial review, cannot ... exercised judicially and judiciously.
The Court exercising such power and finding the misconduct
to have been proved has to first advert to the question
received from the Financial
Controller, MCF, the petitioner had committed grave
misconduct and very serious lapse on his part. On the said
report, answering respondent ... petitioner is guilty of a serious lapse and has committed grave
misconduct. Perusal of the report at Annexure R-4/3 reveals that the
allegations
departmental or
judicial proceedings, the petitioner is found guilty of
grave misconduct or negligence during the period of
his service including service rendered upon
reemployment ... judicial proceedings, should
record a finding whether the delinquent has
committed grave misconduct or negligence during the
period of his service including the service rendered
pensioner is convicted of serious crime or be guilty of
grave misconduct.
In a case where a pensioner is convicted of a serious
crime, action ... Government considers that the pensioner is prima facie
guilty of grave misconduct, it shall before passing an
order---
(i) Serve upon the pensioner a notice
petitioner
has been punished twice over for the same very misconduct. It has been
argued that towards misconduct of embezzlement of Rs.420/-, regular
inquiry ... such, based on the same
very misconduct, the petitioner could not have been compulsorily retired as
HARJEET KAUR
2015.02.25 22:42
I attest
