taken into consideration--Whether age of
superannuation should also be fixed--When misconduct of
workmen does not affect gratuity--When payable to badli
workmen--Date ... Whether gratuity
should have been awarded even in cases of dismissal for
misconduct; (8) Whether provision should have been made
for payment of gratuity
substantive post of- Sergeant pending the result of the
departmental enquiry for misconduct which was already going
on against him. In November 1950 the Inspector ... might merely be a cloak and camouflage
for an order founded on misconduct. It may be that an order
which is innocuous on the face
notice, ten specific instances of neglect of duty and
two instances of misconduct-acceptance of illegal grati-
fication and fabrication of official record were ... would
amount to imposing double punishment. He denied the charge
relating to misconduct and submitted that it was based on
the uncorroborated statements of witnesses
case is one of victimisation.
710
Though in a case of proved misconduct normally the
imposition of a penalty may be within the discretion ... management there may by cases where the punishment of
dismissal for misconduct proved may be unconscionable or so
grossly out of proportion to the nature
come in possession of these pecuniary resources by
committing acts of misconduct defined in clauses (a) ,to (d)
of s. 5(1) of the Prevention ... enlarged the scope
of criminal misconduct in s. 5 by inserting a new clause (e)
in s. 5(1) of the Act. In appeal
CITATOR INFO :
R 1985 SC 28 (30)
ACT:
Professional misconduct--Complaint--Enquiry--Advocate
misappropriating client's money--If guilty of
professional misconduct--Proceeding ... respect of
professional misconduct and proceeding in a criminal Court-
Object of-Differentiation-Punishment-Legal practitioners
Act, 1879 (18 of 1879), ss. 12, 13-- Indian
them in his
report on the accounts-If guilty of professional misconduct-
Whetlier owed duty only to company who appointed him or also
to beneficiaries ... Disciplinary Committee of the
Institute found the first respondent guilty of professional
misconduct,under items (o), (p) and (q) of the Schedule
lieu of notice.
This can be done among other reasons for misconduct. The
second mode is by clause (b) by which the services ... says
that a breach of the standing order will amount to
misconduct, and one of the penalties imposed for misconduct
is dismissal. It also prohibits
omission other than those covered by Act or Regulations as
'professional misconduct'--scope of.
HEADNOTE:
The Council of the Institute of Chartered Accountants ... member of the Institute shall be deemed
to be guilty of misconduct if, in connection with elections
to the Councils of the lnstitute., he took
proviso Power of States Government to prescribe what kinds
of misconduct could be punished by dismissal/discharge
without notice under s. 26(1) Proviso whether ... ultra vires.
HEADNOTE:
The appellant company held an enquiry into the misconduct of
two, of its permanent employees and dismissed one of them
while discharging
