TaxTMI 
TaxTMI 
2009 (1) TMI 782
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....d with a punishment of imprisonment for a period of six months together with a fine of Rs.500/- by the Chief Judicial Magistrate, Ramanathapuram. This was on account of the complaint given by petitioner's wife Mrs.Rajeswari before the All Women Police Station at Ramanathapuram and the same was registered in Crime No.12 of 1999. Subsequently, the case was tried as C.C.No.4 of 1996 by the Chief Judicial Magistrate, Ramanathapuram. After the trial, the petitioner was found guilty and was imposed with the punishment of conviction on both counts as stated earlier. 2. The petitioner had preferred Crl.A.No.930 of 1997 before this Court. This Court had suspended the sentence. It is significant to note that the petitioner's original name in the ban....
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....he petitioner had been discharged for a punishment, the said provision cannot be invoked. 6. He also placed reliance upon the decision of this Court in Management of Tractors & Farms Equipment Limited and First Additional Labour Court, Madras and another reported in 1982 II LLJ 403 for the purpose of showing that a conviction under the Prohibition Act was held to be not amounting to moral turpitude. 7. Taking the second argument, it is necessary to refer to the provision of law in this regard. Section 10(1)(b)(i) of the Banking Regulation Act, 1949 reads as follows:- 10. Prohibition of employment of Managing Agents and restrictions on certain forms of employment- (1) No banking company- (a) (omitted) (b) Shall employ or continue t....
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....s not a disqualification falling within the purview of Section 12 of the Act. It also referred to clause (a) of the second proviso to Article 311(2) of the Constitution which confers a power on the government to dismiss a person on the ground of conduct which has led to his conviction on a criminal charge. It cannot therefore be said that the State Bank of India could not take recourse to Section 10(1)(b)(i) of the Banking Regulations Act, 1949 in directing the removal from service of the petitioner upon his conviction under Section 61(1)(a) of the Act as he was guilty of conduct which led to his conviction by the criminal court involving moral turpitude". 10. But by no stretch of imagination, the offence committed by the petitioner can ....
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....government servant-accused has been released on bail pending the appeal. Para 9 : The Tribunal seems to be of the opinion that until the appeal against the conviction is disposed of, action under clause (a) of the second proviso to Article 311(2) is not permissible. We see no basis or justification for the said view. The more appropriate course in all such cases is to take action under clause (a) of the second proviso to Article 311(2) once a government servant is convicted of a criminal charge and not to wait for the appeal or revision, as the case may be. If, however, the government servant-accused is acquitted on appeal or other proceeding, the order can always be revised and if the government servant is reinstated, he will be entitled t....