effect,
merely a procedural error or an error in judgment cannot constitute
"misconduct" in violation of Rule ... negligence, but error of judgment or innocent mistake do not
constitute such misconduct as alleged against the applicant.
9 OA 1325/2013
Dictionary defines "misconduct" as follows:-
"Misconduct means, misconduct arising from ill motive and acts of
negligence."
"S. Misconduct has been defined ... noted the definition of
misconduct in Stroud's Judicial Dictionary which runs as under:
'Misconduct means, misconduct arising from ill motive; acts
essential condition of the contract of service may constitute misconduct [see
Laws v. London Chronicle (Indicator Newspapers, 1959 1 WLR 698)]. This
view was adopted ... noted the definition of misconduct in Stroud''s Judicial Dictionary
which runs as under:
"Misconduct means, misconduct arising from ill motive; acts
faith, in exercise of official duties and in public interest, cannot
constitute 'misconduct' for the purpose of departmental action. [ G.P. Sewalia ... held that an error of judgment or
negligence simpliciter would not constitute misconduct.
3.2 Learned Counsel for the applicant states that the applicant has
come
against him alleging negligence in'his-duties constituting grave misconduct with
jr1'-
:
the following indictments:-
"ARTICLE-1
That Inspr. L.5. Yadav ... attitude on part of Inspr. LS Yadva, the
then SHO Pahargaon, constitutes grave misconduct and is in
contravention of the mandatory provisions under Rules
House Building
■ Advance Rules and it would constitute misconduct within the
meaning of the expression in Rule 4 (1) (Hi) of 1975 Rules. Rule ... charged.
26. Now if what is alleged as misconduct does not constitute
misconduct not by analysis or appraisal of evidence, but per se
, under
jurisprudence that removal or dismissal from service on account of the misconduct constitutes penalty in law-that the workman ought to be charged for misconduct ... have adequate advance notice of what action or what conduct would constitute misconduct.
12. Similarly there are number of defects in the enquiry proceeding
Bivas Chaudhuri vs M/O Statistics on 2 July, 2019
Vr
■'V,
T,
1
Supreme Court
held that lack of efficiency and negligence did not constitute misconduct. It
was also held that the order of removal from service could
Rules is
confined to examining whether the conduct of the applicant
constitutes misconduct under the applicable service rules. The
respondents could not have enlarged
