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...involving “moral turpitude” for which an employee is liable to conviction and sentence under any provision of law.8. What is an offence involving “...be 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...Court came to the conclusion that by the mere fact that a person had entered into the criminal conspiracy, it could not be regarded that an offence involving “moral turpitude” had been committed and...
...nagar panchayat against whom any criminal proceedings in respect of an offence involving moral turpitude have been instituted. It is common ground that the impugned order has not been made on the ground of...of panchayat for offences involving moral turpitude. In other words before such an office bearer can be removed he must be charged with the offence arising out of act which is dishonest immoral or...an offence involving moral turpitude has been considered by the...
...the bank may take steps to prosecute him and in such a case, he may also be suspended. The word “offence” occurring in clause 19.3 (a) has been defined in clause 19.2 to mean any offence involving “moral ...an offence involving “moral turpitude” must depend upon the facts of each...Pawan Kumar v. State of Haryana, (1996) 4 SCC 17, (at p.21) dealt with the question as to what is the meaning of expression “moral turpitude” and it w...
...moral turpitude.
7. What is meant by offence involving moral turpitude. This aspect was required to be taken note of by the Corporation as also by the Industria...approve of any offence being committed. It has to be borne in mind that every act punishable in law is not offence involving 'moral turpitude'. It appears to me that a circumstance in which a crim...addressed itself to the impact of the Standing Order and as finding has not been recorded that Shri Shukla was guilty of an offence involving moral turpitude, it is difficult to sustain the order passed by...
...Kumar Vs. State of Haryana and another, (1996) 4 SCC 17, wherein Paragraph 12, it is observed "Moral turpitude" is an expression which ...only have been if the conviction was for a criminal offence involving moral turpitude and since the petitioner was not convicted of such an offence the termination order is ipso facto bad...India is whether a conviction for an offence under Sections 147, 149, 323/149, IPC would tantamount to a "moral turpitude" leading to termination of service.
3. Facts, wherefrom...
...Pawan Kumar v. State of Haryana ((1996) 4 SCC 17) as follows:“Moral turpitude” is an expression which is used in legal as also social ...offence involving moral turpitude. That order is confirmed by Ext. P8 dismissing the appeal of the petitioner. It is in the above circumstances that he has approached this court.2. ...case”.9. Thus, it is clear that the offence under Sec. 498-A if established certainly can be regarded as one involving moral turpitude and in such case Sec. 10(1)(B)(i...
...bears forbidden quality or character.
13. It is further observed in one of the cases by the Supreme Court that every punishable act is not offence involving moral turpitude and ...the offence involving moral turpitude and not in respect of every order of conviction and the offence for which he is convicted is not of such nature involving moral ...good moral and is to be hence treated as offence involving moral turpitude covered under regulation 5.
6. I heard the rival submissions made on both sides.
7. The...
...there was an allegation that he had entered into a criminal conspiracy, it could not be regarded that an offence involving moral turpitude had been committed by him and, therefore, the Bank had no jurisdiction to p...involving moral turpitude in the context of handling of accounts of the bank and expressed the view as follows:“8. What is an offence involving “moral...the nature of punishment.12. In our considered opinion, what is required to be scrutinized is whether the conviction for offence involves moral turpitude or not. That is th...
...about the conviction of the petitioner for an offence involving moral turpitude. He further submits that what is meant by an offence involving moral turpitude, ...show that there cannot be dismissal of an employee unless he has convicted for an offence involving moral turpitude. After conviction of a person, if the offence convicted for has not been held to be an ...mentioned in the impugned order, was required to be taken note of by the disciplinary authority. There is no finding that the petitioner was guilty of an offence involving moral turpitude. In fact the...
...conduct or for any other act of violence. (ii) where services are terminated for any act in the course of the employment, which constitutes an offence involving moral turpitude, committed in the course of the emplo...moral turpitude".
The clause does not contemplate actual conviction of the employee concerned for an offence involving moral turpitude and that such termination...offence involving "moral turpitude". Therefore the Petitioner had discretion to forfeit the gratuity amount under clause(b)(ii) of sub section 6 of section 4 of the Payment of Gratuity Act...
...disorderly conduct or for any other act of violence. (ii) where services are terminated for any act in the course of the employment, which constitutes an offence involving moral turpitude, committed in the course o...
departmental enquiry. There can be no dispute that misappropriation of the bank funds by the bank Manager is an act which constitutes offence involving "...submits that services of the Respondent were terminated for an act constituting an offence involving moral turpitude. He therefore
3...
...Allahabad Bank & Anr. vs. Deepak Kumar Bhola (1997) 4 SCC 1. In that judgment the Honble Supreme Court has held as under:
8. What is an .../2010 Ex Naib Sub S.N Yadav Page 13 of 17 out that under Section 24(A) of the Act a person who is convicted of an offence involving moral turpitude is disqualified for being admitted as an advocat....
(iii) Criminal Cases: Where a person is facing prosecution by Government in a Court of Law on a matter involving moral turpitude or lack of integrity.
12. Learned counsel for...
...challenged on the ground that solely because there was an allegation that the employee had entered into a criminal conspiracy, it could not be regarded that an offence involving moral turpitude had been committed b...involving moral turpitude in the context of handling of accounts of the bank and expressed the view as follows:“8. What is an...of the offences involving moral turpitude is not sustainable in law as the conviction in respect of the offences do not relate to moral turpitude.8. Mr. Anuj Aggarwal, learned counse...
..., their Lordships of the Supreme Court held as under:—
“8. What is an offence involving “moral turpitude” must depend upon the facts of each case. But whatever may be...he has wrongly been convicted on the basis of material which is not available on record and his act would not fall within the category of the offence involving moral turpitude, therefore, he could not.../-, as such, it is the offence involving moral turpitude, therefore, in terms of clause 5(s) read with clause 6(a) of the memorandum of settlement and in line with Section 10(1)(b)(i) of the Banking...
...fraudulent conduct of the employee. 17] It requires no debate that when an act of misappropriation or a fraud is committed, such an act if proved, would amount to moral turpitude. In the case of Allahabad Bank and a..., provided it is committed by him in the course of his employment. On its plain terms, clause (b) refers to termination for any "act which constitutes an offence involving moral turpitude". The clause...act of violence, and (iii) which constitute an offence involving moral turpitude, each of which are visited with different consequences in the matter of forfeiture. In case of (i) the forfeiture is...
...applied for enrollment on 18.8.2001 Pendency of criminal case also would have no bar for registration of the petitioner for enrollment because what is described as disqualification is conviction of an offence ...The Judgment of the Court was delivered byJagdish Bhalla, C.J:— This appeal is directed against the order of learned Single Judge dated 10.1.2006 by which the writ petition...then we do not doubt correctness of the version that pendency of the criminal case, which was one of the reasons given by the Bar Council to refuse enrollment to the petitioner, is no longer there...
...deciding whether a person is convicted of an offence involving moral turpitude there are two ways of looking at the matter, one of considering the nature of the Act done and the other of considering the na..., Madras [1982—II L.L.N 591]. In this case, conviction was for drinking arrack and the question therein is whether it is an offence involving moral turpitude liable for dismissal from service. The...Judge in Para. 16, at page 597, has stated thus:“… every act punishable in law would not amount to an offence involving moral turpitude. If that had been the intention, then there is...
...be construes by reference to the subject-matter and the context where the term is called upon to be employed."
13. The expression moral turpitude in context of the misconduct by a ...been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment...."
15. Section 4(6)(b)(ii) of the Act provides that if an employee is terminated for an act which constitutes an offence involving moral turpitude during the course of...
...involving in moral turpitude shall also not be considered for allotment of constabulary number” will give out the reasons for which the petitioner has been denied appointment. The representation of the petitioner ...ground that he is acquitted of an offence involving moral turpitude by giving benefit of doubt and hence, is not to be so appointed as Constable.
8. Instructions dated 2.7.2007 a...alleged, but it was involving 'moral turpitude'. Can this be done, is the question begging an answer? What is meant by the term 'moral turpitude' is another question ari...
...be a case of “moral turpitude”. Paragraphs 8, 9 and 10 of the said judgment are considered relevant and are extracted hereunder:“8. What is an offence involving “moral ...partially. Gratuity can also be forfeited if termination of the employee is on account of his riotous or disorderly conduct or his termination is on account of an act involving “moral turpitude...employee is on account of an act involving “moral turpitude”.17. Section 14 of the Act provides that provisions of this Act or any Rule made thereunder shall have effect notwithstanding...