What is a Misconduct?
By
G. P. Bhatia
The term ‘misconduct’ is not defined in the CCS (Conduct) Rules, 1964, but a lot of case law has developed in the course of time to define this term. The literal meaning of misconduct is wrong or improper conduct. Misconduct is a relative term which depends upon the circumstances and facts of each case.
The three Judge Bench of Apex Court consisting of Hon’ble A, M. Ahmedi, M. M. Punchhi and K. Ramaswamy, JJ., while elaborating the term ‘misconduct’ in the case of ‘State of Punjab v. Ram Singh, 1992 Lab IC 2391 : AIR 1992 SC 2188 referred to the definitions of the misconduct as laid down in Black’s Law Dictionary and Law Lexicon, which read as under :
“Misconduct has been defined in Black’s Law Dictionary, Sixth Edition at page 999 thus :
“A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wro ....