TMI Blog1992 (7) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... nd was roaming at the bus stand wearing the service revolver. Traffic Con- stable, Gurbhachan Singh, brought him with difficulty in a jeep to the police station and the revolver was deposited in the malkhana and sent the respondent to the Civil Hospital for medical examination. The Doctor declared him as heavily drunk. He also had a quarrel with the doctor on duty and abused him. An enquiry into his conduct was conducted after following the prescribed procedure in this behalf and found him to have contravened Rule 16.2(1) of the Punjab Police Manual 1934, Vol.II for short `the rule. The departmental appeals ended against the respondent. Thereon he laid the suit for a declaration that the order of dismissal as confirmed in the departmenta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on supply of the copies of the statements or the Inquiry Officers participation in the examination of the witnesses. The finding that there is no violation of the procedure laid down in Rule 16.2(4) and the Government instructions dated October 16, 1972, thus remained unquestioned. The finding that the respondent was heavily drunk on that day while on duty and that he was caught while wandering in the market with service revolver and when he was taken into custody by the traffic constable and was sent to the doctor, he abused the doctor on duty in the hospital, was not canvassed. The only question on those facts is whether the conduct of the respondent is gravest misconduct within the meaning of Rule 16.2(1) of the Rules, which reads thus:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces acts which the office holder had no right to perform, acts performed improperly, and failure to act in the face of an affirmative duty to act. P. Ramanatha Aiyar's the Law Lexicon, Reprint Edition 1987 at p.821 `misconduct' defines thus:- The term misconduct implies a wrongful intention, and not a mere error of judgment. Misconduct is not necessarily the same thing as conduct involving moral turpitude. The word misconduct is a relative term, and has to be construed with reference to the subject matter and the context wherein the term occurs, having regard to the scope of the Act or statute which is being construed. Misconduct literally means wrong conduct or improper conduct. In usual parlance, misconduct means a transgr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... requires to maintain strict discipline. Laxity in this behalf erodes discipline in the service causing serious effect in the maintenance of law and order. Rule 16.2(1) consists of two parts. The first part is referable to gravest acts of misconduct which entails awarding an order of dismissal. Undoubtedly there is distinction between gravest misconduct and grave misconduct. Before awarding an order of dismissal it shall be mandatory that dismissal order should be made only when there are gravest acts of misconduct, since it impinges upon the pensionary rights of the deliquent after putting long length of service. As stated the first part relates to gravest acts of misconduct. Under general clauses Act singular includes plural, act includ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would have insidious cumulative effect on service morale may be a ground to take lenient view of giving an opportunity to reform. Despite giving such opportunities if the delinquent officer proved to be incorrigible and found complete unfit to remain in service than to maintain discipline in the service, instead of dismissing the delinquent officer, a lesser punishment of compulsory retirement or demotion to a lower grade or rank or removal from service without affecting his future chances of re-employment, if any, may meet the ends of justice. Take for instance the deliquent officer who is habitually absent from duty when required. Despite giving an opportunity to reform himself he continues to remain absent from duty off an on. He proved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty or delinquency due to his drinking habit. Thus it would constitute gravest misconduct warranting dismissal from service. The authorities, therefore, were justified in imposing the penalty of dismissal. The courts below failed to properly appreciate the legal incidence and the affect of the rules. The ratio relied on by learned counsel for the respondent in Gurdev Singh v. State of Haryana Ors., (1976) 2 S.L.R. 443; Rattan Lal Ex-Constable v. State of Haryana Ors., (1983) 2 SLR 159 and Sukhdev Singh v. State of Punjab Ors., (1983) 2 SLR 645 turned on their peculiar facts and would render little assistance to the respondent. We approve the ratio in Bhagwat Parshad v. Inspector General of Police, Punjab Ors., AIR 1970 (Punj. Ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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