TaxTMI 
TaxTMI 
1997 (3) TMI 569
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....on was conducted by the Delhi Special Police Establishment and a case was registered on 29.8.1986. The C.B.I./S.P.E., Lucknow, after investigation, submitted a report whereupon the Superintendent of Police wrote a letter dated 18.9.1987 to the appellant bank for according sanction for prosecution of the respondent and one other person namely Ajay Bhatia inter alia for criminal mis-conduct and cheating. On the receipt of the aforesaid letter the appellant took steps to accord sanction to prosecute the respondent. It also decided to take action under clause 19.3 (a) of the first Bipartite Settlement 1966 between the management and the Union and to suspend the respondent. Accordingly, the suspension order dated 23.9.1987 was passed which re....
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....al turpitude" had been committed and, therefore, the appellant had no jurisdiction to pass the order of suspension. The High Court, accordingly, quashed the suspension order and directed the payment of full salary and allowances to the respondent. This appal arises as a consequent of special leave having been granted to the appellant. It has been contended by the learned counsel for the appellant that the respondent had committed an offence involving moral turpitude and, therefore, the appellant had the jurisdiction to suspend the respondent. The submission of Mr. R.K. Jain, learned senior counsel on behalf of the respondent, however was that on the facts and circumstances of the case when nearly 10 years have elapsed, this court should ....
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....nting to Rs. 1400.00 cheque No. 7552 amounting to rs. 14.800.00 purportedly have been issued by Sri Shanti Prakash A/C holder of account No. 1103 and cheque No, 07775 for Rs. 12800.51 purported to have been issued by Sri Gajre Sharma account holder of A/C No. 2618 were presented in the Corporation Bank. Quiaser Bagh Lucknow by Sri Deepak Kumar Bhola aforesaid who was working as Clerk cum Typist in Allahabad Bank Alam Bagh Branch. Lucknow in the name of Rajendra Rathore. Shri H.R. Gurnani, Advocate, Lucknow had introduced Shri D.K. Bhola as Rajendra Rathore at the time of opening of account and Shri H.R. Gurnani Advocate had his own account No. 87 in the said Corporation Bank, Sri Deepak Bhola, aforesaid submitted five pay in slips for depos....
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....meant any offence involving moral turpitude for which an employee is liable to conviction and sentence under any provision of law. "19.3 (a) When in the opinion of the management an employee has committed an offence, unless he be otherwise prosecuted, the bank may take steps to prosecute him or get him prosecuted, the bank may take steps to prosecute him or get him prosecuted, the bank may take steps to prosecuted and in such a case he may also be suspended. (b) If he is convicted, he may be dismissed with effect from the date of his conviction or be given any lessor from of punishment as mentioned in Clause 19.6 below". It is evident from the bare perusal of the aforesaid clauses that if in the opinion of the management, an employ....
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....ty and wickness of character or disposition of the person charged with the particular conduct. Every false statement made by a person may not be moral turpitude, but it would be so if it discloses vileness or depravity in the doing of any private and social duty which a person owes to his fellowmen or to the society in general. If therefore the individual charged with a certain conduct owes a duty, either to another individual or to the society in general, to act in a specific manner or not to so act and he still acts contrary to it and does so knowingly, his conduct must beheld to be due to vileness and deprivity. It will be contrary to accepted customary rule and duty between man and man" In our opinion the aforesaid observations corre....
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....d counsel for the respondent that there has been no application of mind or the objective consideration of the facts by the appellant before it passed the orders of suspension. As already observed, the very fact that the investigation was conducted by the C.B.I which resulted in the filing of a charge-sheet, alleging various offences having been committed by the respondent, was sufficient for the appellant to conclude that pending prosecution the respondent should be suspended. It would be indeed inconceivable that a bank should allow an employee to continue to remain on duty when he is facing serious charges of corruption and mis-appropriation of money. Allowing such a employee to remain in the seat would result in giving him further opport....