AIR 1958 KERALA 374 ::(1958) 2 LabLJ 724 ::1958 Ker LT 320 ::1958 Ker LJ 752

Kerala High Court

Hon'ble Judge(s): Kumara Pillai, M. S. Menon , JJ

(A) Travancore Public Servants (Inquiries) Act (11 of 1122) , S.2— Satisfaction of Government is foundation of enquiry. Public Servants (Inquiries) Act (37 of 1850) , S.2— The foundation for ordering a formal and public inquiry is the Government's satisfaction that there are sufficient grounds for making such an inquiry into the truth of any imputation of misconduct by a person in the service of the Government and not removable from office without their sanction.(Para 1) (B) Travancore Public Servants (Inquiries) Act (11 of 1122) , S.2— Enquiry cannot be ordered in case of "irregularities'' - Notification ordering enquiry speaking of "irregularities'' and not "misconduct" - Notification cannot be read along with charges framed since they do not accompany and do not form part of notification. Words and Phrases - Misconduct. Public Servants (Inquiries) Act (37 of 1850) , S.2— @page-Ker375 "Misconduct" of a servant comprises positive acts and not mere neglects or failures. It is a transgression of some established and definite rule of action, where no discretion is left, except what necessity may demand; it is a violation of definite law; a forbidden act. it differs from carelessness. "Irregularity'' is ....