r.k.choudhary (legal officer) 04 February 2010

misconduct committed in good faith is protected

1. In a departmental under CCS rules, the DA agreed with the claim of charged officer that the misconduct has been committed in good faith. however he awarded major penalty of reduction in pay-scale cumulatively. Is it justified in the light of definition of "good faith" given in General Clauses Act, 1897 ?

2. Is claiming an inflated bill a violation of devotion to duty as alleged ? If not, what is the consequence thereof ?

3. can major penalty be held justified in the event that the DA did not pay any amount against the alleged inflated TA Bill to the charged officer on his request to withdraw the claims made erroneously

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3 Replies

Binod Kumar Mishra (Government Service) 04 February 2010

Choudhary jee,

please write some details about charges and the findings of inquiry officer and the award of disciplinary authority, so that a valid suggestions may be given.

N.K.Assumi (Advocate) 04 February 2010

If he was honest in his dealing how come the inflated bills which he knows was not the actual bills. Good fith means, Honesty; a sincere intention to deal fairly with others.Good faith is an abstract and comprehensive term that encompasses a sincere belief or motive without any malice or the desire to defraud others. It derives from the translation of the Latin term bona fide, and courts use the two terms interchangeably. Going by the definition of bonafide dealings, his act can not be covered with Good faith.

Sushil Wagh (LAW STUDENT) 04 February 2010

Please do not send any details to Shti Binod Kumar, he shows that he has knowledge and can do many things to help you. In the end he says he is a professional and needs to take help from his guru and that will take fees. Last you wont get any help from him and he will avoid you with all flimsy reasons. Please dont fall into this trap.

Get help from a lawyer here, much better and straight forward and to the mark,

With regards,

Sushil Wagh