VIGILANCE MANUAL VOLUME III - AP Online

450 DECISION -192
the section, as Criminal Procedure Code is a statute complementary
and allied to the Penal Code.
(192)
(A) Misconduct — what constitutes, what doesn’t
(B) Misconduct — lack of efficiency
(C) Misconduct — negligence in discharge of duty
(D) Misconduct — mens rea
(i) Lack of efficiency and failure to attain the highest
standard of administrative ability while holding high
post would not by themselves constitute misconduct.
There have to be specific acts of omission/
commission.
(ii) Negligence in discharge of duty where
consequences are irreparable or resultant damage
is heavy, like a sentry sleeping at his post and
allowing the enemy to slip through, constitutes
misconduct.
(iii) Gross habitual negligence in performance of duty
may not involve mens rea but still constitutes
misconduct.
Union of India vs. J. Ahmed,
AIR 1979 SC 1022
The respondent was a Deputy Commissioner and District
Magistrate, Nowgong District, Assam and there were riots in his
District. He was charged with inefficiency, lacking the quality of
leadership, ineptitude, lack of foresight, lack of firmness and
indecisiveness. An enquiry was held and he was imposed the penalty
of removal from service. A memorial submitted by the respondent to
the President against the imposition of the penalty was rejected. He
filed a petition in the High Court of Assam and Nagaland, raising an