noted the definition of misconduct in Stroud's Judicial
Dictionary which runs as under:
"Misconduct means, misconduct arising from ill
motive; acts ... misconduct". "Misconduct" implies blameworthy
conduct.
(iv) Conduct inconsistent with due and faithful discharge of duty is
"misconduct".
(v) Disregard
Paresh Nath Sharma vs Uoi & Ors. on 6 July, 2018
Author: C. Hari Shankar
noted the definition of misconduct in Stroud's Judicial Dictionary which runs as under: -
"Misconduct means, misconduct arising from ill motive ... unless there is some allegation against petitioner constituting omission or commission of an act which may constitute misconduct. Hence, for this reason also order
2009]
"Misconduct means, misconduct arising from ill
motive; acts of negligence, errors of judgment, or
innocent mistake, do not constitute such
misconduct ... misconduct" means misconduct arising from ill-motive and
acts of negligence or error of judgment or innocent mistake do not
constitute misconduct
fact made against the petitioner,
even found proved, did not constitute misconduct. According to learned counsel
for the petitioner, the allegations only relate to some ... definition of
"misconduct" in Stroud's Judicial Dictionary, which runs as under:-
"Misconduct means, misconduct arising from ill motive; acts
imposed.
(e) That the acts of omissions committed by the petitioners constituting
misconduct were committed by the petitioners on he premises of the
Corporation ... true at their face value, yet the same do not constitute misconduct
as defined under clause 31(4) and 31(d). For the acts
counter to the expected code of
conduct would certainly constitute misconduct. Some
other act or omission may as well constitute
misconduct. Allegations in the various ... noted the definition of
misconduct in Stroud's Judicial Dictionary which
runs as under:
Misconduct means, misconduct arising from ill
motive; acts of negligence
does not refund the amount within 7 days would constitute a
misconduct and liable for punishment.
4. For deciding this issue, this Court will have ... habitual violating LTC Rule and a singular instance may not
constitute misconduct but if the employee repeats the same
mistake, it would constitute a misconduct
further
submits that the allegations mentioned against him does
not constitute misconduct. The petitioner has
categorically proved that the similar complaints were
kept pending ... findings of
Inquiry Officer are perverse. If the allegations do not
constitute misconduct, the writ court can step into.
Similarly, if the punishment order
disregard of an
essential condition of the contract of service may
constitute misconduct [see Laws v. London Chronicle .
(Indicator Newspapers), (1959) 1 WLR 698]. This ... noted the definition of misconduct in Stroud's
Judicial Dictionary which runs as under:
"Misconduct means, misconduct arising from ill
motive; acts