There are conduct Rules for State Government Employees and also for Central Government Employees. These Rules provide as to what sort of Conduct is expected from the employees. The employees who do not observe these rules are liable for disciplinary action. However what is misconduct is no where mentioned or explained.
The disciplinary authorites are required to mention in the charge sheet as well as in the statement of allegations the misconduct of the charged emplyee. It is therefore necessary for the disciplinary authorites and all concerned to know the concept and clear cut meaning of " Misconduct. The Supreme court and the High Courts while delivering the judgements relating to disciplinary proceedings have defined the "Misconduct" and has also explained various facets relating to Misconduct. The important judgements in the following 8 cases are uploaded on this blog and they are available at S.No 27 to 34 in the list under cation, " Disciplinary Proceedings - Judgements- Important Judgements.
It is recommended that all cocerned may get these judgements downloaded and study them carefully so that the concept of Misconduct is clear to them.
1) Baldev Singh Gandhi v/s State of Punjab
2) M.M.Malhotra v/s Union of India
3) J.J. Mody v/s State of Bombay
4) Union Of India v/s J. Ahmed
5) A.L.Kalra v/s P.&E. Corporation
6) State of Punjab v/s Ram Singh
7) Union of India v/s K.K. Dhavan
8) B.C. Chaturvedi v/s Union of India
The disciplinary authorites are required to mention in the charge sheet as well as in the statement of allegations the misconduct of the charged emplyee. It is therefore necessary for the disciplinary authorites and all concerned to know the concept and clear cut meaning of " Misconduct. The Supreme court and the High Courts while delivering the judgements relating to disciplinary proceedings have defined the "Misconduct" and has also explained various facets relating to Misconduct. The important judgements in the following 8 cases are uploaded on this blog and they are available at S.No 27 to 34 in the list under cation, " Disciplinary Proceedings - Judgements- Important Judgements.
It is recommended that all cocerned may get these judgements downloaded and study them carefully so that the concept of Misconduct is clear to them.
1) Baldev Singh Gandhi v/s State of Punjab
2) M.M.Malhotra v/s Union of India
3) J.J. Mody v/s State of Bombay
4) Union Of India v/s J. Ahmed
5) A.L.Kalra v/s P.&E. Corporation
6) State of Punjab v/s Ram Singh
7) Union of India v/s K.K. Dhavan
8) B.C. Chaturvedi v/s Union of India
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