suspended and charged by adopting the procedure for major
penalty ? What constitute misconduct ?
(c) Whether the action of the State and its authorities based
submit that deficiency in personal character or
personal apology do not constitute misconduct for taking
disciplinary action. The matter of efficiency, failure to attain
highest ... administrative ability while holding a high post
would not by itself constitute misconduct. There must be
negligence in performance of duty and lapse in performance
would be appropriate at this stage to ascertain what generally constitutes misconduct, especially in the contest of disciplinary proceedings entailing penalty." (para ... noted the definition of misconduct in Stroud's Judicial Dictionary which runs as under: -
"Misconduct means, misconduct arising from ill motive
which was stated to be abusive in the charge sheet to constitute misconduct. They did not examine themselves before the Enquiry Officer to prove ... opinion, that where the allegations of misconduct constitute a set of facts alleging misbehaviour and use of abusive language, it was necessary for the person
contemplation of departmental enquiry for misconduct. The order of suspension was passed on the ground that petitioner had committed misconduct under Rule ... ground that allegation contained therein prima facie, does not constitute misconduct under Rule 6 of the 1956 Rule and also prima facie, it infringe
respondents in this regard cannot be treated to be a misconduct and also apparently relying on various case laws and authorities, also held that ... affidavits narrating the facts, viz. correct facts, their action do not constitute misconduct under the service rules.
In regard to the observation made
found that order is founded on such act or omission constituting misconduct.
(e) If the order visits the public servant with evil consequences or casts
acts for which Sri M.P. Gupta has been held guilty constitute misconduct within the meaning of Regulation 3 (1) read with Regulation
17th January, 2009 by respondent No.2 on certain
allegations constituting misconduct. One Sri Ramesh Chandra Mishra,
Deputy Basic Education Officer, Allahabad was appointed
found that
order is founded on such act or omission constituting misconduct.
(e) If the order visits the public servant with evil consequences or
casts