Misconduct of Government Employees
By
Ranjit Kumar Bag
"Misconduct" is defined in Stroud's Judicial Dictionary as "as act arising out of ill motive" and as such acts of negligence, errors of judgment and innocent mistakes do not constitute misconduct. Motive plays vital role in determining misconduct of Government employees. In "Union of India v. J. Ahmed" reported in AIR 1979 SC 1022 : 1979 Lab IC 792 the Supreme Court has laid down the following criteria for determining misconduct of Government employee:
The conduct which is blameworthy for the government employee in the context of conduct rules, will be misconduct;
Deficiency in personal character, or lack of efficiency, lack of foresight and indecisiveness will not constitute misconduct;
Inability to discharge functions' attached to the post, or failure to attain the standard of efficiency in performance of duty, will not amount to misconduct;
Gross of habit ....