Misconduct

  1. —Definition & Interpretation of — A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, willful in character, improper or wrong behaviour; its synonyms are misdemeanour, a deliberate violation, or disregard of standards of behaviour, or carelessness or negligence of such degree or recurrence as to manifest wrongful intent or evil design—where there is bad management or mismanagement—any breach of the Code of Conduct is “misconduct”, as any action contrary to
    prescribed code is an action against the code, hence is “misconduct” or improper conduct—– wrong or improper conduct i.e. to say conduct in violation of a definite rule or action— It ordinarily means failure to do what is required of a person to be done. The omission to do what is required from a person to do may therefore constitute misconduct even though the person has not acted willfully or maliciously. The President of AJ&K v. Muhammad Riaz Akhter Choudhary Chief Justice AJ&K 2017 SCR 759 (C)  Black’s Law Dictionary, fifth Edition page 901, PLD 1954 Lah 769, PLD 1962 SC 71, AIR 1960 Bombay 344 and AIR 1954 Nagpur 337 ref.                                                                             
  2. —The conduct which is unbecoming of a Judge in performance of his functions of office is misbehavior. The President of AJ&K v. Muhammad Riaz Akhter Choudhary Chief Justice AJ&K 2017 SCR 759 (D)  PLD 1960 SC 260 rel.                                  
  3. —Held: the word ‘misconduct’ in relation to the Judges, would mean an improper conduct or a conduct contrary to the good behaviour of a Judge, his failure to adhere to law and rules, his commission or omission contrary to the prescribed code of conduct or his performance in
  4. disregard to law and constitution. The President of AJ&K v. Muhammad Riaz Akhter Choudhary Chief Justice AJ&K 2017 SCR 759 (E)                             
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