Mere Negligence without ill motive / mala fide intent is not Misconduct

Satyendra Singh Gurjar Vs Union of India (Bombay High Court) Firstly, the failure of the department to bring home the Charge-I to the petitioner dismantles the substratum of the charge as regards the ill motive on the part of the petitioner. Secondly, the failure to establish the charge of conspiracy against the petitioner snaps the link between the petitioner and other persons, who imported the goods by evading the customs duty. Thirdly, the fact that Charge-III could not be established leads to an inference that the act of the petitioner was not coupled with a deliberate mala fide intent to ...