held that "mere negligence
does not constitute misconduct and no charge-memo can be issued
in the absence of misconduct".
In view ... India
wherein it was held that "mere negligence does not constitute
misconduct and no charge memo can be issued in the absence of
misconduct
contention that the charges in the charge sheet do not constitute misconduct so as to attract the provisions of AIS (Conduct) Rules 1968 we would ... treated as misconduct. In our considered opinion therefore charges certainly constitute misconduct under Rule 3 of the AIS (Conduct) Rules and the contention about charges
also contended that the charge levelled against him cannot constitute a misconduct and as such, the charge-sheet itself was null and void no penalty ... documents. They have also denied that the charges did not constitute any misconduct on the part of the applicant and that the Disciplinary Authority
familial connections, absent proof
of personal gain or influence, do not constitute misconduct under Conduct
Rules. Therefore, the charge under Rule ... Railways. Therefore, the present
allegation is vague, cryptic, and does not constitute any misconduct. In
support of this contention, reliance is placed on the decisions
applicant, the charges levelled against the
applicant, do not constitute a "misconduct", in view of the above,
mandatory provisions and elaborated submissions made
1fe52cf9149e9d502fa05caeba2060aeaa403ee0d4591882f3
72efdb7b9922bd, PostalCode=342006, S=Rajasthan,
memo of charges, do not constitute any misconduct. Though, the
SERIALNUMBER=
EE3A7297A033A60BA9D18167E0260A2A1B2AB7E0C85B7
RAJ MEHTA
E6E19FD988D3007062B, CN=JITENDRA RAJ MEHTA ... well as this Tribunal,
submits that the alleged charges does not constitute a misconduct as
he has discharged his duties in good faith and there
Swami News February-
2005) that "Mere negligence does not constitute
misconduct and no charge - memo can be issued in
the absence of misconduct ... administrative ability while holding a
high post could not themselves constitute misconduct.
Government action must be based on utmost good
faith, belief and ought
applicant vide
the impugned Charge Memorandum dated 22.6.2012 does not
constitute any "misconduct" on the his part, as on bear perusal ... against the applicant herein in the impugned charge
memorandum does not constitute any misconduct.
6.4 Learned counsel would argue that the 2nd stage advice dated
negligence or error of
judgment, unless coupled with culpable misconduct, cannot
automatically amount to misconduct warranting major penalty
proceedings. The Hon‟ble Supreme Court ... held that negligence or error of
judgment by itself does not constitute misconduct unless the conduct is
blameworthy or actuated by improper motive. Similarly
levelled against the applicant in the memo of charges do not
constitute any misconduct. Though, the applicant through representation
had drawn attention of the respondents ... well as this Tribunal,
submits that the alleged charges does not constitute a misconduct as he
has discharged his duties in good faith and there
