Misconduct - Definition - Law Dictionary Home Dictionary Definition misconduct

Definition :

Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.

Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.

The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or character and its ambit has to be constructed with reference to the subject-matter and the context abscin the term occurs having regard to the scope of the statute and the public purpose of seek to serve, M.M. Malhotra v. Union of India, AIR 2006 SC 80.

Misconduct under s. 30(a) of the Arbitration Act, 1940 has not a connotation of moral lapse. It comprises legal misconduct which is complete if the Arbitrator on the face of the award arrives at an inconsistent conclusion even on his own finding or arrives at a decision by ignoring very material documents which throw abundant light on the controversy to help a just and fair decision, K.P. Poulose v. State of Kerala, AIR 1975 SC 1259 (1261): (1975) 2 SCC 236. [Arbitration Act, 1940, s. 30(9)]

(ii) If a servant conducts himself in a way inconsistent with due and faithful discharge of his duty in service, it is misconduct, see Pierce v. Foster, 17 QB 536 (542). A disregard of an essential condition of the contract of service may constitute misconduct, see Laws v. London Chronicle (Indicator Newspapers), (1959) 1 WLR 698. This view was adopted in Shardaprasad Onkarprasad Tiwari v. Divisional Superintendent, Central Railway, Nagpur Division, Nagpur, 61 Bom LR 1596 and Satubha K. Vaghela v. Moosa Raza, 10 Guj LR 23. The High Court has noted the definition of misconduct in Stroud's Judicial Dictionary which runs as under: Misconduct means, misconduct arising from ill motive; acts of negligence, errors of judgment, or innocent mistake, do not constitute such misconduct. In industrial jurisprudence amongst others, habitual or gross negligence constitute misconduct but in Utkal Machinery Ltd. v. Workmen, Miss Shanti Patnaik, (1966) 2 SCR 434: AIR 1966 SC 1051: (1966) 1 LLJ 398: 28 FJR 131: 1966 (12) FLR 45, Miss Shanti Patnaik, in the absence of standing orders governing the employee's under-taking, unsatisfactory work was treated as misconduct in the context of discharge being assailed as punitive. In S. Govinda Menon v. Union of India, (1967) 2 SCR 566: AIR 1967 SC 1274: (1967) 2 LLJ 249, the manner in which a member of the service discharged his quasi judicial function disclosing abuse of power was treated as constituting misconduct for initiating disciplinary proceedings. A single act of omission or error of judgment would ordinarily not constitute misconduct though if such error or omission results in serious or atrocious consequences the same may amount to misconduct as was held by this Court in P. H. Kalyani v. AIR France, Calcutta, (1964) 2 SCR 104: AIR 1963 SC 1756: (1963) 1 LLJ 679: 24 FJR 464, wherein it was found that the two mistakes committed by the employee while checking the load-sheets and balance charts would involve possible accident to the aircraft and possible loss of human life and, therefore, the negligence in work in the context of serious consequences was treated as misconduct. It is, however, difficult to believe that lack of efficiency or attainment of highest standards in discharge of duty attached to public office would ipso facto constitute misconduct, Union of India v. J. Ahmed, AIR 1979 SC 1022: (1979) 3 SCR 504: (1979) 2 SCC 286.

(iii) The word 'misconduct' though not capable of precise definition, on reflection receives its connotation from the context, the delinquency in its performance and its effect on the discipline and the nature of the duty. It may involve moral turpitude, it must be improper or wrong behaviour; unlawful behaviour, wilful in character; forbidden act, a transgression of established and definite rule of action or code of conduct but not mere error of judgment, carelessness or negligence in performance of the duty; the act complained of bears for bidden quality or character. Its ambit has to be construed with reference to the subject-matter and the context wherein the term occurs, regard being had to the scope of the statute and the public purpose it seeks to serve, State of Punjab v. Ex. Constable Ram Singh, AIR 1992 SC 2188: (1992) 4 SCC 54: (1992) 3 SCR 634.The word 'misconduct' is antithesis of the word 'conduct'. Thus, ordinarily the expression 'misconduct' means wrong or improper conduct, unlawful behaviour, misfeasance, wrong conduct, misdemeanour etc. There being different meaning of the expression 'misconduct', we, therefore, have to construe the expression 'misconduct' with reference to the subject and the context wherein the said expression occurs. Regard being had to the aims and objects of the statute. Criticism by the appellant of the house tax assessment list prepared and finalised by the Council did not constitute 'misconduct' within the meaning of the expression 'misconduct' occurring in Cl. (e) of sub-s. (1) of s. 16 of the Act, Baldev Singh Gandhi v. State of Punjab, AIR 2002 SC 1124 (1127, 1128). [Punjab Municipal Act (3 of 1911), s. 16 (i)(e)]

The word 'misconduct' is antithesis of the word 'conduct'. Thus, ordinarily the expression 'misconduct' means wrong or improper conduct, unlawful behaviour, misfeasance, wrong conduct, misdemeanour etc., Baldev Singh Gandhi v. State of Punjab, AIR 2002 SC 1124 (1127): (2002) 3 SCC 667. [Punjab Municipal Act, 1911 (3 of 1911), s. 16(1) (e)]

The word 'misconduct' though not capable of precise definition, its reflection receive its connotation from the context, the delinquency in its performance and its effect on the discipline and the nature of the duty. It may involve moral turpitude, it must be improper or wrong behaviour; unlawful behaviour, wilful in character; forbidden act, a transgression of established and definite rule of action or code of conduct but not mere error of judgment, carelessness or negligence in performance of the duty; the act complained of bears forbidden quality or character. Its ambit has to be construed with reference to the subject-matter and the context wherein the term occurs, regard being had to the scope of the statute and the public purpose it seeks to serve, State of Punjab v. Ex Constable Ram Singh, AIR 1992 SC 2188 (2191): (1992) 4 SCC 54. [Constitution of India, Art. 309 (311)]

Misconduct, though not capable of precise definition, on reflection receives its connotation from the context, the delinquency in its performance and its effect on the discipline and the nature of the duty. It may involve moral turpitude, it must be improper or wrong behaviour; unlawful behaviour, wilful in character; forbidden act, a transgression of established and definite rule of action or code of conduct but not mere error of judgment, carelessness or negligence in performance of the duty; the act complained of bears forbidden quality or character. Its ambit has to be construed with reference to the subject-matter and the context where in the terms occurs, regard being had to the scope of the statute and the public purpose it seeks to serve, State of Punjab v. Ex-Constable Ram Singh, (1992) 4 SCC 54.