service, it is misconduct
which justifies immediate dismissal. That misconduct,
according to my view, need not be misconduct in the carrying
on of the service ... noted the definition of misconduct in Stroud's
Judicial Dictionary which runs as under:
Misconduct means, misconduct arising from ill motive; acts of
negligence
decision that the incident,
which is being alleged against the petitioner, constitutes
misconduct. Moreover, there is a specific assertion made in the
order that ... 2022
proved, it can never be said that the same constitutes
misconduct 'unbecoming of a Government servant.'
13. The word 'unbecoming
would be appropriate at this stage to ascertain
what generally constitutes misconduct, especially in the
context of disciplinary proceedings entailing penalty.
11.Code of conduct ... noted the definition of
misconduct in Stroud's Judicial Dictionary which runs as
under:
"Misconduct means, misconduct arising from ill
motive; acts
performance of quasi judicial function?
(3) Whether or not negligence constitutes a misconduct?
14. Since the respondents have raised a preliminary objection that the present ... mere negligence in exercise of quasi judicial power would not constitute a misconduct to warrant a disciplinary action unless it was accompanied by a further
Conduct Rules it would have been rather difficult to ascertain what constitutes misconduct in a given situation. But Rules 4 to 18 of the Conduct ... contrary to or in breach of prescribed rules of conduct would constitute misconduct for disciplinary proceedings. This code of conduct being not exhaustive it would
negligence, error of judgement or mistake does not
constitute misconduct. On the same principle, the learned Sr.
Counsel appearing on behalf of the Petitioner refers ... complained of bearing
forbidden quality or character would not constitute misconduct.
The same principle was adopted by this Court in Ganesh
Prasad Yadav v. State
petitioner in performing the supervisory duties, the same cannot constitute to be a ''misconduct' inviting the extreme punishment of compulsory retirement, more
8268/2011 CAV JUDGMENT
constitute misconduct, much less serious
misconduct. The petitioner has given convincing
explanations rebutting the allegations, which
have not been taken into ... class". Merely noting this fact
does not constitute misconduct. Insofar as the
second charge is concerned, the petitioner has
clearly stated that
noted
the definition of misconduct in Stroud's Judicial
Dictionary which runs as under:
"Misconduct means, misconduct arising from ill
motive; acts ... noted the definition of
misconduct in Stroud's Judicial Dictionary which
runs as under:
"Misconduct means, misconduct arising from
ill motive; acts
reply and prayed not to treat the alleged act/omission as a
misconduct as the action done on good faith by oversight could
at best ... negligence, errors of judgment, or innocent mistake do not
constitute misconduct. In support of his submission, he relied
upon the decisions
