CiteTEXT
...noticed hereinbefore, per se is not a misconduct. A negligence simpliciter also would not be a misconduct. In Union of India v. J. Ahmed...there is failure to seize the currency notes, this does not amount to misconduct. The Tribunal has analysed various definitions of the word ‘misconduct’ and we are in agreement with the conclusion of...misdemeanor, misdeed, misbehavior, delinquency, impropriety, mismanagement, offense, but not negligence or carelessness.’Misconduct in office has been defined...
...vitiates the order. 14. Insofar as misconduct is concerned, as held by the Apex Court in Union of India v. J. Ahmed, (1979) 2 SCC 286 that every negligence is not misconduct ...is culpable, though misconduct is not to be defined precisely, but depends upon the facts and circumstances of each case. In Prem Chand (supra) the Apex Court insofar as misconduct of negligence ...was willful in character. No such finding was arrived at. An error of judgment, as noticed hereinbefore, per se is not a misconduct. A negligence simpliciter also would not be a misconduct. In Uni...
...will determine what is negligence and what is not. Each case must be determined on its own circumstances.”14. This case, in my view, is distinguishable from the present case in which the que..., but every negligence is not misconduct. Whether any particular negligence will amount to misconduct must necessarily involve some question of principle, some observance or non-observance of rule...or their servants. Misconduct is defined as wilful neglect and whether there was wilful negligence is a question of law. This being a direct authority on the point, with respect, I feel bound by the decision, and, ...
..., therefore, bear in mind that the misconduct alleged against the petitioner in terms is of gross negligence. It is not mere negligence. Mere negligence is not ...negligence. No one can say that. There was no misconduct. We are not looking into adequacy or sufficiency of evidence. We are always conscious of the forbidden field. It is the function of the Tribunal...Court. Observed the Labour Court :
"On misconduct being proved, it was in interest of company not to continue the workman in service. It is also held...
...is totally arbitrary and non speaking. The Hon'ble Supreme Court in multiple cases has held that mere negligence is not misconduct unless it is coupled with an ill motive. Nowhere, has the...hardship disproportionate to his negligence/misconduct that led to the loss, it is not necessary to fix a rigid limit for the purpose of such recovery. The DG, P&T instructions would, therefore, be...Rs. 3,60,000 has been ordered to be recovered from the applicant. Therefore, the minor penalty proceedings imposed upon the applicant is not commensurate to the gravity of the misconduct. The...
...learned counsel for the applicant reported in AIR 1979 SC 1022 : Union of India and other Vs. J. Ahmed in order to buttress the contention that mere negligence is not misconduct. The observation of the...not take cognizance of the negligence and misconduct of the applicant during this interregnum. The applicant was given duty list only after the examination was over and the result was declared. In my...of the charge sheet, it is clearly and specifically mentioned that the applicant was not provided with any duty list/guidelines in order to know as to what were the duties of confidential...
...on the facts and circumstances in a given case. Myriad situations may arise depending on the ingenuity with which misconduct or irregularity is committed. It is not necessary to further probe into the scope and mea..., i.e the President of India.3. His further contention is that the appellant must be found to have committed “grave misconduct” or “negligence” within the meaning of Rule 8(5)(2...loss caused to the government, if in any proceeding in the departmental enquiry or judicial proceedings the pensioner is found guilty of grave misconduct or negligence during the period of his...
...said at all that it is on account of negligence of the petitioner only the Nigam has suffered such a loss. In this regard it is necessary to point out that every negligence is not ...indicates that Inquiry Officer has found the petitioner guilty of negligence only for not checking the bus and held that the petitioner is not responsible for catching of fire to bus but Disciplinary...negligence as a natural consequence of it, the petitioner cannot be held guilty of such negligence amounting misconduct levelled against him. In other words unless it is found that fire caught to the...
...ill-motive, act of negligence, error of judgments or innocent mistake do not constitute such misconduct.
10. Counsel relied on another judgment that every negligence...is not misconduct on the basis of the judgment passed by Apex Court in the case of Abdul Gafoor Vs. UPSRT Corporation and Another reported in...negligence in discharge of duty but would not constitute misconduct unless the consequences directly attributed to negligence would be as such to be irreparable or the resultant damage would be so heavy...
...be treated as negligence on the part of petitioner, but a negligence may not constitute a misconduct for the purposes of punishment and therefore, the charge sheet is liable to be quashed...Delhi and others, (2007)
4 SCC 566, wherein the Apex Court has held that the negligence is not misconduct. He...the basis of said check list filled up by PIU, taking into consideration the catchment area, high flood level etc. the STA submitted its report and therefore, prima facie it is not a case wherein the petitioner has not play...
...faith in employee. In my opinion, on the basis of proof, which is produced, this argument of Shri Gupta is not acceptable. This is definite that procedure, which was shown by the witnesses, is of employer,...my opinion for the acts like negligence it is not proper to deprive...Chatura did not bring sugarcane to the mill. The responsibility of applicant is that he should sign on payment slip with correct date and the amount of sugarcane of farmer concerned, while he should...
...have short-circuited the writ petition.19. If there is absolutely no evidence in support of the only allegation of misconduct namely negligence in not keeping one's...frivolous is ludicrous and could not have been even framed. Even if the allegation in the charge is left unquestioned it does not constitute misconduct. The employer could not have framed such cha...jurisdiction both of the arbitrator as well as this Court to reappreciate the evidence though it is not necessary to do so in this case. It is thus well-settled that where the findings of misconduct...
...:“Negligence by itself is not professional misconduct; into that offence there must enter the element of moral delinquency. Of that there is no suggestion here, and we are ....7. It is argued that the finding as to professional misconduct on the part of the appellant and Agavane reached by the Disciplinary Committee was not based on any legal...evidence but proceeds on mere conjectures and surmises. The case against the appellant and Agavane rests upon professional misconduct and not any other conduct. The question is whether there was any...
...on the Dart of the railway administration or any of its servants
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It is not contended on behalf of the plaintiff that any evidence was given to prove negligence or misconduct on...analysis that where the owner does not prove delay or detention, as required Under the first part of Section 76, then the owner has to prove negligence or misconduct as is required by Section 74 (3...owner's risk rate, the risk is of the owner and the railwav is not liable, provided that the railway will be liable if such negligence or misconduct is proved.
10. The reason of ...
...has been taken against the custodian of the bus which was driven by respondent No. 3 which resulted in accident of a cyclist. In other words, there is negligence on the part of the custodian of the bus like Manager of the Depot or a...reducing time scale for a period of five years would be too harsh having regard to the negligence on the part of respondent No. 3 only to the extent of using the bus which is not allotted to him. No doubt...Driver with the petitioner. Being a Driver he has misused his position while taking the bus which is not allotted to him whereby he has caused accident and killed a cyclist. Arising out of these factual...
...definition of “gross misconduct” in para 22(iv), it is obvious that clause (h) does not apply because the charge is not one of insubordination or disobedience of specific orders of any superior officer. Co...words likelihood of serious loss coupled with negligence is sufficient to bring the case within gross misconduct. The enquiry officer's finding of “gross misconduct” on the ground of not obtaining...loss” would come under major misconduct within para 22(iv)(l). As stated above, even assuming that there is no gross negligence, simple negligence will come under major misconduct if accompanied by...
...defendant. It is to be noticed that the negligence or misconduct here referred to is the negligence or misconduct of the defendant, not of the lambardar. In Section 166 the word "lambarda...". That word does not occur in Sub-section (2) of Section 164. We are therefore of opinion that the successor in title of a deceased lambardar is not liable to account for profits which his predec...to award to the plaintiff not only a share of the profits actually collected but also of such sums as the plaintiff may prove to have remained uncollected owing to the negligence or misconduct of the...
...negligence or misconduct of the defendant, not of the lambardar. In section 166 the word “lam-bardar” is defined as including “heirs, legal representatives, etc. of the lambardar,” and the Courts below..., therefore, of opinion that the successor in title of a deceased lambardar is not liable to account for profits which his predecessor may have failed to collect or which he permitted to remain uncollected owing to ...such sums as the plaintiff may prove to have remained uncollected owing to the negligence or misconduct of the defendant. It is to be noticed that the negligence or misconduct here referred to is ...
...alleged involvement in the criminal case and the information had already reached the respondents through Press report, which is not disputed, a mere technical infirmity without any malafide or intent would not amount to ...could not inform the respondents, but immediately on release he informed the department, as such no misconduct is committed. 5. On the other hand, learned counsel of respondents...applicant guilty of the charge. As the penalty is not separable as to on which charge it has been inflicted, the penalty imposed on this count is illegal. 7. Moreover, misconduct cannot...
...contained in the Schedule and the material on record shows it is not a case of grave misconduct at all. He was not able to account for these materials on the date of his retirement. His grievance is though.... 2 is not of a grave negligence but of misappropriation. Therefore, the very initiation of the proceedings is not authorised under the aforesaid provision and, therefore, the findings recorded thereon...to grave negligence and, therefore, the finding recorded by the disciplinary authority as well as the Tribunal is legal and valid and do not call for any interference.6. Rule 214(a) and...