VidhiSangh

Supreme Court of India · 26/04/2019

THE STATE BANK OF INDIA & OTHERS versus P. SOUPRAMANIANE

[2019] 6 S.C.R. 1064 · 2019 INSC 579

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Summary

A bank employee’s Section 324 conviction for assault did not involve moral turpitude on the particular facts: the criminal courts found simple injuries and no intention to cause death. The Supreme Court therefore upheld reinstatement despite rejecting the High Court’s reasoning that probation itself protected employment. Probation does not confer a right to continued service, and moral turpitude requires assessment of the conduct, motive and circumstances rather than treating every assault conviction as disqualifying.

Issues

  1. Whether release on probation itself prevented discharge from bank service.
  2. Whether this assault conviction involved moral turpitude for the statutory employment bar.

Held

Result

Bank’s appeal dismissed. High Court judgment setting aside discharge and directing reinstatement with one-quarter back wages affirmed, on the ground that this offence did not involve moral turpitude.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 1064.