TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Termination upheld for employee convicted of criminal offenses including dowry, despite appeal.</h1> <h3>Mohammed Abdur Raheem Versus State Bank of India, Rajaji Salai, Chennai - 1 and another’</h3> Mohammed Abdur Raheem Versus State Bank of India, Rajaji Salai, Chennai - 1 and another’ - TMI Issues:Petitioner's services dispensed due to criminal conviction under Section 498A IPC and Section 4 of Dowry Prohibition Act. Petitioner challenges discharge order invoking Banking Regulation Act and Shastri Award. Petitioner's contentions: discharge without disciplinary action, private dispute not moral turpitude, conviction not final. Petitioner relies on SC judgments for discharge under punishment and moral turpitude interpretations. Interpretation of moral turpitude under Banking Regulation Act. SC precedent on disqualification for conviction under different act. Court's analysis on the nature of petitioner's offences and moral turpitude. Court's consideration of suspension of sentence pending appeal and finality of conviction. SC judgment on government servant's dismissal post-conviction. Dismissal justified based on conduct deserving major punishment. Petitioner advised to await criminal appeal outcome before seeking reinstatement.Analysis:The petitioner's services were terminated based on a criminal conviction under Section 498A IPC and Section 4 of the Dowry Prohibition Act. The petitioner contested the discharge order citing violations of the Banking Regulation Act and the Shastri Award. The petitioner argued that as a permanent employee, discharge without disciplinary action was impermissible. Additionally, the petitioner claimed that a private dispute with his wife leading to conviction did not constitute moral turpitude. The petitioner also contended that since the conviction was under appeal, it had not attained finality, thus precluding discharge. The petitioner referenced the SC judgment in State Bank of India vs. Workmen to support the argument that discharge under punishment was not valid.The court delved into the interpretation of 'moral turpitude' under the Banking Regulation Act, citing the SC's definition in Pawan Kumar vs. State of Haryana. The court differentiated the petitioner's offences from those under the Punjab Excise Act, asserting that demanding and accepting dowry constituted moral turpitude. The court referenced the SC's stance on disqualification for convictions under different acts, emphasizing the gravity of the petitioner's crimes. The court concluded that the petitioner's offences were inherently base and vile, falling under moral turpitude as per the Banking Regulation Act.Regarding the suspension of sentence pending appeal and the finality of conviction, the court referred to SC precedent in The Deputy Director of College Education vs. S. Nagoor Meera. The court highlighted that action post-conviction was not barred by the suspension of sentence or pending appeal. The court underscored the importance of taking action based on the conduct leading to conviction, emphasizing the need for just and fair exercise of dismissal powers. Consequently, the court dismissed the writ petition, advising the petitioner to await the outcome of the criminal appeal before seeking reinstatement.
TaxTMI 