Case: THE STATE BANK OF INDIA AND ORS Vs. P. SOUPRAMANIANE

has observed on multiple occasions that in criminal jurisdiction, Courts do not have the power to pass a direction that the said conviction will not have any impact on the convicts services. See: Girraj Prasad Meena v. State of Rajasthan (2014) 13 SCC 674 ) on the employer who has the liberty of dealing with his employees suitably. 6. Though we do not agree with the reasons given by the High Court for setting aside the order of discharge of the Respondent from service, it is necessary to examine whether Section 10 (1)(b)(i) of Banking Regulation Act is applicable to the facts of the case. Conviction for an offence involving moral turpitude disqualifies a person from continuing in service in a bank. The conundrum that arises in this case is whether the conviction of the Respondent under Section 324 IPC can be said to be for an offence involving moral turpitude. 7. Moral Turpitude as defined in the Blacks Law Dictionary (6 th ed.) is as follows: The Act of baseness, vileness, or the depravity in the private and social duties which man owes to 1 Sushil Kumar Singhal v. Punjab National Bank, (2010) 8 SCC 573 2 This Court has observed on multiple occasions that in criminal jurisdiction, Courts do not have the power to pass a direction that the said conviction will not have any impact on the convicts services. See: Girraj Prasad Meena v. State of Rajasthan (2014) 13 SCC 674 his follow man, or to society in general, contrary to accepted and customary rule of right and duty between man and man.( p. 1008). implies something immoral in itself regardless of it being punishable by law restricted to the gravest offences, consisting of felonies, infamous crimes, and those that are malum in se and disclose a depraved mind. (p. 1517). According to Bouviers Law Dictionary, Moral Turpitude is : An act of baseness, vileness or depravity in the private and social duties which a man owes to his fellow men or to society in general, contrary to the accepted and customary rule of right and duty between man and man. Burton Legal Thesaurus defines Moral Turpitude as : Bad faith, bad repute, corruption, defilement, delinquency, discredit, dishonor, shame, guilt, knavery, misdoing, perversion, shame, ice, wrong. 8. There is no doubt that there is an obligation on the Management of the Bank to discontinue the services of an employee who has been convicted by a criminal court for an offence involving moral turpitude ( Sushil Kumar Singhal ). Though every offence is a crime against the society, discontinuance from service according to the Banking Regulation Act can be only for committing an offence involving moral turpitude. Acts which disclose depravity and wickedness of character can be categorized as offences involving moral turpitude. Whether an offence involves moral turpitude or not depends upon the facts ( Allahabad Bank v. Deepak Kumar Bhola ) and the circumstances of the case. Pawan Kumar v. State of Haryana, (1996) 4 SCC 17 & para;12. Ordinarily, the tests that can be applied for judging an offence involving moral turpitude are: a) Whether the act leading to a conviction was such as could shock the moral conscience or society in general; b) Whether the motive which led to the act was a base one, and c) 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 the society. Mangali v. Chakki Lal, AIR 1963 ALL 527 . The other important factors that are to be kept in mind to conclude that an offence involves moral turpitude are :– the person who commits the offence; the person against whom it is committed; the manner and circumstances in which it is alleged to have been committed; and the values of the society. Jorabhai Hirabhai Rabari v. District Development Officer, Mehsana, AIR 1996 Guj 3 . According to the National Incident – Based Reporting System (NIBRS), a crime data collection system used in the United States of America, each offence belongs to one of the three categories which are: crimes against persons, crimes against property, and crimes against society. Crimes against persons include murder, rape, and assault where the victims are always individuals. The object of crimes against property, for example, robbery and burglary is to obtain money, property, or some other benefits. Crimes against society for example gambling, prostitution, and drug violations, represent societys prohibition against engaging in certain types of activities. Conviction of any alien of a crime involving moral turpitude is a ground for deportation under the Immigration Law in the United States of America. To qualify as a crime involving moral turpitude for such purpose, it requires both reprehensible conduct and scienter, whether with specific intent, deliberateness, willfulness or recklessness. Cristoval Silva – Trevina 241 & N Dec 687 (AG 2008). 9. There can be no manner of doubt about certain offences which can straightaway be termed as involving moral turpitude e.g. offences under the Prevention of Corruption of Act, NDPS Act, etc. The question that arises for our consideration in this case is whether an offence involving bodily injury can be categorized as a crime involving moral turpitude. In this case, we are concerned with an assault. It is very difficult to state that every assault is not an offence involving moral turpitude. A simple assault is different from an aggravated assault. All cases of assault or simple hurt cannot be categorized as crimes involving moral turpitude. On the other hand, the use of a dangerous weapon which can cause the death of the victim may may result in an offence involving moral turpitude. In the instant case, there was no motive for the Respondent to cause 10 Cristoval Silva – Trevina 241 & N Dec 687 (AG 2008) the death of the victims. The criminal courts below found that the injuries caused to the victims were simple in nature.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]5. We do not agree with the reasons given by the High Court for setting aside the order of discharge and directing the reinstatement of the Respondent in service. A show- cause notice was issued to the Respondent in which it was categorically mentioned that the Respondent cannot continue in service after his conviction in a criminal case involving moral turpitude in view of Section 10(1)(b)(i) of the Banking Regulation Act, 1949. After considering the explanation of the Respondent, an order of discharge was passed. The High Court is not right in holding that no reasons had been given by the bank for discontinuing the Respondent from service. The High Court committed an error in holding that the order of discharge should be set aside on the ground that the provision of law under which the Respondent was discharged was not mentioned in the order. Yet another reason given by the High Court for interference with the order of discharge is that the criminal court released the Respondent on probation only to permit him to continue in service. The release under probation does not entitle an employee to claim a right to continue in service. In fact the employer is under an obligation todiscontinue the services of an employee convicted of an offence involving moral turpitude. Sushil Kumar Singhal v. Punjab National Bank, (2010) 8 SCC 573  The observations made by a criminal court are not binding (This Court has observed on multiple occasions that in criminal jurisdiction, Courts do not have the power to pass a direction that the said conviction will not have any impact on the convicts services.6. Though we do not agree with the reasons given by the High Court for setting aside the order of discharge of the Respondent from service, it is necessary to examine whether Section 10 (1)(b)(i) of Banking Regulation Act is applicable to the facts of the case. Conviction for an offence involving moral turpitude disqualifies a person from continuing in service in a bank.8. There is no doubt that there is an obligation on the Management of the Bank to discontinue the services of an employee who has been convicted by a criminal court for an offence involving moral turpitude ( Sushil Kumar Singhal ). Though every offence is a crime against the society, discontinuance from service according to the Banking Regulation Act can be only for committing an offence involving moral turpitude. Acts which disclose depravity and wickedness of character can be categorized as offences involving moral turpitude. Whether an offence involves moral turpitude or not depends upon the facts ( Allahabad Bank v. Deepak Kumar Bhola ) and the circumstancesof the case. Pawan Kumar v. State of Haryana, (1996) 4 SCC 17 & para;12. Ordinarily, the tests that can be applied for judging an offence involving moral turpitudea) Whether the act leading to a conviction was such as could shock the moral conscience or society in general;b) Whether the motive which led to the act was a base one, andc) 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 the society. Mangali v. Chakki Lal, AIR 1963 ALL 527 The other important factors that are to be kept in mind to conclude that an offence involves moral turpitude are :– the person who commits the offence; the person against whom it is committed; the manner and circumstances in which it is alleged to have been committed; and the values of the society. Jorabhai Hirabhai Rabari v. District Development Officer, Mehsana, AIR 1996 Guj 3 . According to the National Incident – Based Reporting System (NIBRS), a crime data collection system used in the United States of America, each offence belongs to one of the three categories which are: crimes against persons, crimes against property, and crimes against society. Crimes against persons include murder, rape, and assault where the victims are always individuals. The object of crimes against property, for example, robbery and burglary is to obtain money, property, or some other benefits. Crimes against society for example gambling, prostitution, and drug violations, represent societys prohibition against engaging in certain types of activities. Conviction of any alien of a crime involving moral turpitude is a ground for deportation under the Immigration Law in the United States of America. To qualify as a crime involving moral turpitude for such purpose, it requires both reprehensible conduct and scienter, whether with specific intent, deliberateness, willfulness or recklessness. Cristoval Silva – Trevina 241 & N Dec 687 (AG 2008)9. There can be no manner of doubt about certain offences which can straightaway be termed as involving moral turpitude e.g. offences under the Prevention of Corruption of Act, NDPS Act, etc. The question that arises for our consideration in this case is whether an offence involving bodily injury can be categorized as a crime involving moral turpitude. In this case, we are concerned with an assault. It is very difficult to state that every assault is not an offence involving moral turpitude. A simple assault is different from an aggravated assault. All cases of assault or simple hurt cannot be categorized as crimes involving moral turpitude. On the other hand, the use of a dangerous weapon which can cause the death of the victim may may result in an offence involving moral turpitude. In the instant case, there was no motive for the Respondent to cause 10 Cristoval Silva – Trevina 241 & N Dec 687 (AG 2008) the death of the victims. The criminal courts below found that the injuries caused to the victims were simple in nature.