Negligence cannot be treated to be misconduct- No action For Passing A Wrong Order

Abhay Jain Vs High Court Of Judicature For Rajasthan And Anr (Supreme Court) SC held that the appellant may have been guilty of negligence in the sense that he did not carefully go through the case file and did not take notice of the order of the High Court which was on his file. This negligence cannot be treated to be misconduct. Moreover, the enquiry officer virtually sat as a court of appeal picking holes in the order granting bail, even when he could not find any extraneous reason for the grant of the bail order. Notably, in the present case, there was not a string of continuous illegal or...