Team  SoOLEGAL

SERVICES OF AN EMPLOYEE HAVE TO BE DISCONTINUED IF HE IS CONVICTED FOR OFFENCE INVOLVING MORAL TURPITUDE: Supreme Court

Team SoOLEGAL 29 Apr 2019 2:48pm

SERVICES OF AN EMPLOYEE HAVE TO BE DISCONTINUED IF HE IS CONVICTED FOR OFFENCE INVOLVING MORAL TURPITUDE: Supreme Court

In the matter of State Bank of India & Others v. P. Soupramaniane, the Apex Court has decided upon the question as to what would amount to 'moral turpitude' and it has thus reiterated the tests to be conducted for determining whether the question of moral turpitude is involved or not. The tests are as follows:

1. Whether the act which led to conviction related to moral conscience or society in general

2. Whether the motive which led to the act was a base one

3. Whether on account of the act having been committed the perpetrators could be considered to be of a depraved character or a person who was to be looked down upon by society.
All the above tests have been laid down in
Mangli v. Chakki Lal, AIR 1963 ALL 527.

In the present case, the Apex Court observed that if the Section 10(1)(b)(i) of the Banking Regulation Act, 1949 applies on a person, then upon being convicted by a Court of law, the person shall be disentitled to continue his service in the banking company.

Thus, the Apex Court held that an employee is not entitled to continue his services due to release under probation. The employer has to legally terminate his services if the employee is convicted for the charges of moral turpitude.

Tagged: Supreme Court   Moral Turpitude   Banking Regulation Act 1949   Probation  
Did you find this write up useful? YES 0 NO 0
User Comments
Digital Payment Systemview all

Active Members

Have you activated yours ?

New Members view all
×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.