offences with which the accused was charged came under the definition of 'criminal misconduct' in Section 5 , Prevention of Corruption ... cases under Ss 161 and 165, Penal Code, only. The definition of criminal misconduct in Section 5 and Sub-sections (b) and (c) can include
Sanjiv Paul vs Union Of India Through C.B.I. .... .... ... on 18 August, 2022
Author
public servant is said to commit the offence of criminal misconduct in the discharge of his duty, if he dishonestly or fraudulently misappropriates or otherwise ... definition of criminal breach of trust in Section 405, I. P. C., is a little wider than the definition of criminal misconduct in Section
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the word "means", the definition "serious misconduct" becomes hard and fast
definition and no other meaning ... inclusive definition, rather such definition is to
include under its fold, only those given in the definition and not any other
meaning. Thus, when
Ozair Hussain paid Rs.9,000/-. The
definition of 'criminal misconduct' as contained in Section 13 of the
Patna High Court ... term 'public servant' and then to augment the definition
of 'criminal misconduct' and then to re-set the sentence
claim of the Petitioner company would therefore, not fall within the definition of misconduct within the meaning of Standing Order 28.22. Once the Tribunal holds ... that there was no misconduct, if otherwise it fell within the definition of misconduct as alleged.
9. After hearing the parties, in my opinion
criminal
misconduct" in sub-section (2) takes in the definition of
criminal misconduct. The third contention is also based- on
a misreading ... expression criminal misconduct in sub-
s.(2) takes in the definition of criminal misconduct. The
second contention therefore has no merits.
Nor are there
could be seen that the word 'misconduct'
though not capable of precise definition, its reflection
receive its connotation from the context, the delinquecy ... capable of precise definition. But at the same time
though incapable of precise definition, the word
"misconduct" on reflection receives its connotation from
been charged, is definitely included within the term grave misconduct. The term misconduct has been defined in the case of M.M. Malhotra versus Union ... capable of precise definition. But at the same time though incapable of precise definition, the word "misconduct" on reflection receives its connotation from
said to have committed an offence of criminal
misconduct only if alleged misconduct falls within the
definition of misconduct given under Section
