The Ombudsman said 'it finds the evidence on record insufficient to establish the elements of evident bad faith, manifest partiality and gross inexcusable neglect
on their part.
The anti-graft court ruled that the accused gave unwarranted benefits to the supplier through manifest partiality, evident bad faith and inexcusable neglect
when "the panels were already purchased prior to the supposed August 25, 2007 public bidding.
The excuses offered by MSHA are "akin to inexcusable neglect
than adequate cause," McCarthy said, "and while the 45-day time limit may be unrealistic, the Secretary has not asked the Commission to change its rule.
However, there is repeated inexcusable neglect
and carelessness in claims handling; so obvious, in fact, that one might conclude that it was intentional, at best, of grossly neglectful, at least.
As explained by Jean-Louis Beaudoin, "Gross fault, as intended by the lawmaker in article 1474 of the Civil Code of Quebec, is serious, gross and inexcusable neglect
which shows gross recklessness, carelessness or negligence and therefore utter contempt for the interests of other individuals".
Although it occurred during a late-night shift, the incident was ``an unbelievable and inexcusable neglect
of duty,'' Abbott wrote.