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Abstract Misconduct is when an employee does something wrong either by doing something, not doing something, or through their behaviour. This may justify some disciplinary action being taken by the employer. Misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts. Misconduct can be considered an unacceptable or improper behaviour, especially for a professional person. Misconduct includes something seen as unacceptable as well as criminal offenses e.g. deceptive manipulation."Gross Misconduct" can lead to immediate dismissal because it is serious enough and possibly criminal, e.g. stealing or sexual harassment. Misconduct refers to an action, rather than neglecting to take action, or inaction which could be referred to as poor performance. Government Servants play a very important role to run the administration of the Country. They are important constituents of the administrative set up of the nation. They are pillars of the Government Departments on whose shoulders the responsibility to implement the Government policies lies. They provide public services to the citizens at the grass root level and in the same way, they forward grievances of the public, their representations and demands to higher ups for their effective resolution. It is only because of loyalty of Government Servants. The Government Servants have different work culture and responsibilities as compared to their counterparts in private sector. They are smartly paid, have some kind of privileges and facilities but at the same time they have heavy responsibilities toward the Government in particular and public in general. The responsibility of the Government Employees has increased and become time bound. In order to ensure that Government Employees give their best to the country, some constitutional safeguards have been provided to the Government. However, as many a times, some Government Servants start misusing their official power and position. They start shirking work, do not do their work as per rules and orders and indulge in other kinds of misconduct. Therefore, in order to discipline them and to control them, the concept of Departmental Proceedings is provided in the service rules. The procedure to be followed in Disciplinary Proceedings is generally laid down in Service Rules and Standing Orders made there under. However, the procedure, so laid down, is subordinated to the provisions of the Constitution of India i.e. any rule cannot be ultra-vires the provisions of the Constitution, e.g. Article-309, 310,311 etc. Although the provisions of the Indian Evidence Act,1872, do not apply to the Departmental Proceedings but the principle of Natural Justice has to be followed. Thus, Reasonable Opportunity to defend himself must be given to the person against whom Departmental Proceedings have been initiated. It is also to note that acquittal in criminal proceedings on the same set of charges, per se, does not entitle the delinquent to claim immunity from Disciplinary Proceedings, the Departmental Proceedings against a Government servant starts with the lodging of a complaint with the Disciplinary Authority. On the receipt of a complaint, it is open to the Disciplinary Authority to hold preliminary inquiry to ascertain the prima facie truth in the allegations. The complaint may be made by an ordinary citizen or superior officer of the employee.