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TMI Blog2010 (8) TMI 1098X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent-Bank, Kaithal Branch, on 01.12.1971 and stood confirmed on the said post vide order dated 28.12.1977. The appellant was handed over cash of ₹ 5000/-, to deposit the same as dues for the Telephone Bill in the Post Office. However, it was not deposited by the appellant, therefore, the bank lodged FIR No. 171 under Section 409 of Indian Penal Code, 1860 (hereinafter called IPC ) against the appellant, on 27.04.1982, in Police Station, City Kaithal. Appellant was tried for the said offence. After conclusion of trial, the appellant was convicted by the competent Criminal Court vide Judgment and Order dated 28.01.1988. The respondent-Bank issued a Show Cause Notice dated 01.03.1988 to the appellant, proposing dismissal from service and asked the appellant to show cause within a period of seven days. The appellant submitted the reply dated 08.03.1988. However, the respondent-Bank dismissed the appellant from service vide order dated 09.03.1988. 4. Being aggrieved, the appellant raised an industrial dispute under the Industrial Disputes Act, 1947 and the matter was referred to the Tribunal. In the meanwhile, the appeal filed by the appellant against the order of c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... involved in this case is whether the benefit granted to the appellant under the provisions of Act, 1958 makes him entitled to reinstatement in service. The issue involved herein is no more res integra. In Aitha Chander Rao v. State of Andhra Pradesh : 1981 (Suppl.) SCC 17, this Court held: As the appellant has been released on probation, this may not affect his service career in view of Section 12 of the Probation of offenders Act. 10. The said judgment in Aitha Chander Rao (Supra) was not approved by this Court in Harichand v. Director of School Education (1998) 2 SCC 383, observing that due to the peculiar circumstances of the case, the benefit of the provisions of 1958 Act had been given to him and as in that case there had been no discussion on the words disqualification, if any attaching to a conviction of an offence under such law , the said judgment cannot be treated as a binding precedent. This Court interpreted the provisions of Section 12 of the 1958, Act and held as under: In our view, Section 12 of the probation of offenders Act would apply only in respect of a disqualification that goes with a conviction under law which provides for the offence and its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... qualification' for voting, contains the provisions which disqualify persons convicted of certain charges from being the Members of Legislatures or from voting at election to the legislature. That is the sense in which the word 'disqualification' is used in Section 12 of the Probation of Offenders Act.......Therefore, it is not possible to accept the reasoning of the High Court that Section 12 of the 1958 Act takes away the effect of conviction for the purpose of service also. 14. In State of U.P. v. Ranjit Singh AIR 1999 SC 1201, this Court has held that the High Court, while deciding a criminal case and giving the benefit of the U.P. First Offenders Probation Act, 1958, or similar enactment, has no competence to issue any direction that the accused shall not suffer any civil consequences. The Court has held as under: We also fail to understand, how the High Court, while deciding a criminal case, can direct that the accused must be deemed to have been in continuous service without break, and, therefore, he should be paid his full pay and dearness allowance during the period of his suspension. This direction and observation is wholly without jurisdiction.... 15. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r: Misfortune dogged the accused for about a year......and it seems that it was under the force of adverse circumstances that he held back the money in question. Shankar Dass is a middle-aged man and it is obvious that it was under compelling circumstances that he could not deposit the money in question in time. He is not a previous convict. The Court also took further note of his other problems as under: The appellant was a victim of adverse circumstances; his son died in February, 1962, which was followed by another misfortune; his wife fell down from an upper storey and was seriously injured; it was then the turn of his daughter who fell seriously ill and that illness lasted for eight months. In the aforesaid facts and circumstances, this Court asked the Management to consider whether some other lesser punishment commensurate to the misconduct could be awarded. In fact the punishment of dismissal was found to be disproportionate to the delinquency committed by the appellant therein. Had this Court intended to say that once benefit of the Act, 1958 is extended to a delinquent, his conviction also stands washed off, the court could have directed the Management to re-in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pra) has been considered by this Court again in Allahabad Bank and Anr. v. Deepak Kumar Bhola (1997) 4 SCC 1; and placed reliance on Baleshwar Singh v. District Magistrate and Collector AIR 1959 All. 71, wherein it has been held as under: The expression `moral turpitude' is not defined anywhere. But it means anything done contrary to justice, honesty, modesty or good morals. It implies depravity and wickedness 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 fellow men 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 be held to be due to vileness and depravity. It will be contrary to accepted customary rule and duty between man and man. 24. In view of the above, it is evident that moral turpitude means anything contrary to ho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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