difference between misconduct, negligence and mistake
Difference between Misconduct, Negligence and Mistake A Clear and Settled Legal Understanding for Government Employees By Dr. Hari Om Kaushik In government service, errors and lapses are inevitable. Administration is a human process involving discretion, interpretation and judgment. Yet, a persistent and troubling issue in disciplinary administration is the failure to distinguish between mistake, negligence and misconduct. This confusion often results in: Routine administrative lapses being treated as misconduct Mechanical issue of charge-sheets Unnecessary disciplinary and vigilance proceedings Avoidable litigation and demoralization of honest officers Service law, however, has evolved a clear, balanced and well-settled framework which protects bona fide decision-making while firmly dealing with serious lapses. Understanding this distinction is essential for government servants, disciplinary authorities, inquiry officers and vigilance fu...