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TMI Blog2024 (9) TMI 1487X X X X Extracts X X X X X X X X Extracts X X X X ..... Code. It has further been held that the question whether the act of issuing a cheque without sufficient funds will involve moral turpitude has to be considered de hors the element of cheating. Reference has also been made to the Corpus Juris Secendum as per which, moral turpitude implies something immoral in itself, regardless of whether it is punishable by law as a crime, since an act may involve moral turpitude even though it is not a crime. It further states that the term moral turpitude does not refer to conduct which, before it was made punishable as a crime, was generally regarded as morally wrong or corrupt, as offensive to the moral sense as ordinarily developed. Though the past conduct may be a relevant consideration in a matter o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or redressal of his grievance. 2. As per the facts projected in the writ petition, the petitioner was appointed, initially as a Cleaner Boy on 08.05.1986 in the Tea Research Association, Tocklai Tea Research Institute, Jorhat. Subsequently, vide order dated 01.04.2006, he was promoted to Grade Ad 1(3). While serving as such, a proceeding under Section 138 of the Negotiable Instruments Act was instituted against him by an individual which was registered as CR No.191/2009 in the Court of the learned CJM, Jorhat. In the said case, a judgment was pronounced on 10.06.2014 whereby the petitioner was convicted and sentenced with 6 months of imprisonment and a penalty of Rs. 2(two) lakhs. Consequent thereto, on 04.09.2014, the petitioner was arrest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd a reasonable opportunity is to be afforded to him before any order of penalty is imposed upon him. He further submits that there was no charge framed against the petitioner and only on 15.10.2014 an order of suspension from service was issued followed by the impugned order of dismissal just after two days i.e. 17.10.2014. It is submitted that though in an earlier disciplinary proceeding, the petitioner was inflicted the penalty of reduction in rank, the said penalty would not have any effect in the present impugned action. As regards the contention raised in the affidavit-in-opposition that no notice is required in case of conviction by a Court, the learned counsel has submitted that a conviction which is included in the Rules necessaril ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner was demoted from the post held by him to a lower post. It is submitted that the petitioner is a habitual offender and therefore continuance of the petitioner in the Institution would not be in the interest of justice. The learned counsel for the respondents has however fairly conceded that there was no enquiry before the impugned order of dismissal. 7. The rival submissions have been duly considered and the materials placed before this Court have been carefully examined. 8. The departmental proceeding started with the order of suspension dated 15.10.2014. The suspension order did not specify that any departmental proceeding was contemplated and a reading of the same would reveal that on earlier occasion the petitioner was penali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of any offence involving moral turpitude. The question therefore arises as to whether a conviction of an employee under the Negotiable Instruments Act would involve moral turpitude. 10. Clause 7.3.41 can be invoked only when there is a conviction of an offence involving moral turpitude. When the conviction is not for an offence involving moral turpitude, the aforesaid clause would not be applicable and therefore a summary dismissal would not be allowed. It is an admitted fact that there was no enquiry of any nature prior to the passing of the impugned order on 17.10.2014. As observed above, the suspension order was just two days before on 15.10.2014 followed by the dismissal order. This Court also finds force in the argument made on behalf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons made on behalf of the parties, we are of the view that the gravity of a complaint under the Negotiable Instruments Act cannot be equated with an offence under the provisions of the Indian Penal Code or other criminal offences. An offence under Section 138 of the Negotiable Instruments Act, 1881, is almost in the nature of a civil wrong which has been given criminal overtones. 14. Though the past conduct may be a relevant consideration in a matter of this nature, when there was no enquiry and the dismissal is only on the account of a conviction by a Court without framing any definite charges, the aforesaid would not be a relevant consideration. This Court is fortified in reaching to the above conclusion in as much as the impugned order o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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