1. Petitioner while serving as Sub-Registrar in District Shivpuri in the year 2005 was incharge of registration of various nature of documents including mining leases and calculation of stamp duty under the provisions of Indian Stamp Act and Registration Act. Thirteen mining leases were registered under his orders. Upon scrutiny of instruments by the audit party during the course of audit, it was pointed out that substantially less stamp duty as well as registration fee has been charged on each instruments causing revenue loss to the extent of Rs.6,66,235/-. As a result, petitioner is served with the charge sheet under rule 14 of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter referred to as 'the Rules of 1966'). The aforesaid conduct of the petitioner is found to be misconduct within the meaning of rules 3(1) (i) (ii) (iii) of the M.P. Civil Services (Conduct) Rules, 1965. The charge sheet is under challenge before this Court on the grounds that :

(i) There is no malice attributed to the petitioner and, therefore, even if less stamp duty and registration fee has been charged, the same shall not tantamount to misconduct making petitioner lia