https://www.taxtmi.com/caselaws?id=759243 A dismissal founded solely on conviction under Section 138 of the Negotiable Instruments Act, without framing charges or holding a departmental inquiry, could be sustained under the service rule only if the offence involved moral turpitude. The HC held that a Section 138 offence does not, by itself, amount to moral turpitude, so the rule was not attracted. It also found the appellate order cryptic and lacking independent application of mind. The dismissal was therefore invalid, was set aside, and reinstatement was directed. en-us Mon, 02 Sep 2024 00:00:00 +0530 Thu, 26 Sep 2024 10:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=759243 A dismissal founded solely on conviction under Section 138 of the Negotiable Instruments Act, without framing charges or holding a departmental inquiry, could be sustained under the service rule only if the offence involved moral turpitude. The HC held that a Section 138 offence does not, by itself, amount to moral turpitude, so the rule was not attracted. It also found the appellate order cryptic and lacking independent application of mind. The dismissal was therefore invalid, was set aside, and reinstatement was directed. Case-Laws Indian Laws Mon, 02 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=759243