Convicted of an offence involving moral turpitude
Mahendrasinh
(Querist) 23 February 2014
This query is : Resolved
I AM WORKING IN GOVT BANK SINCE 2011
I WAS INVOLVED IN ONE CASE UNDER IPC 326 FOR YEAR 2007.
I WAS IN PRISON FOR 24 HOURS TILL GOT THE BAIL IN 2007.
THE CASE IS RUNNING IN TALUKA(TEHSIL) COURT.
BANK ITSELF TOOK THE POLICE VERIFICATION CERTIFICATE DIRECTLY FROM THE POLICE DEPT.AND POLICE DEPT DID NOT DISCLOSE ABOUT THE COURT MATTER IN CERTIFICATE.
THERE IS NO CLARIFICATION FILLED ABOUT THE COURT MATTER IN ANY DOCUMENTS(SUCH AS APPLICATION,PERSONAL INFORMATION,JOINING LETTER, ETC) OF BANKS, SO DID NOT DISCLOSE MY COURT MATTER TO THE BANK.
NOW OPPOSITION PARTY SENT APPLICATION TO MY BANK FOR TERMINATE ME FROM THE BANK.
WHICH ACTION BANK CAN TAKE?
PLEASE GUIDE ME CAN BANK TERMINATE ME OR NOT WHAT ACTION SHOULD I TAKE?
Anirudh
(Expert) 23 February 2014
You say the case is running in Sessions Court.
The heading of your query states "Convicted".
When the case is running, how and why do you say "Convicted"?
Please clarify.
Rajendra K Goyal
(Expert) 23 February 2014
Generally the Banks suspend the person who remained in police custody for 48 hours. Discretion is on the Bank to suspend or not.
In your case you are saying that you have been convicted and remained in jail for 24 hours. On other hand you are mentioning that the case is running in the Session Court. From your query the facts are not clear. State full facts.
ajay sethi
(Expert) 23 February 2014
answer queries raised by Mr Anirudh and other experts
prabhakar singh
(Expert) 23 February 2014
It appears you were charge sheeted for an offence under section 326 IPC and your bail was initially rejected by Magistrate and you were sent to jail and later on bailed out by appellate order after living in jail for 24 hours due to rejection of bail by Magistrate.And now trial is going on.Because if convicted you can not be awarded only 24 hour's punishment for having committed offence under 326 IPC.
Let it be as it may be ,it is true that all depends on your employer.
T. Kalaiselvan, Advocate
(Expert) 25 February 2014
Remanded just for 24 hours cannot be a ground for dismissal from service.
Sudhir Kumar, Advocate
(Expert) 25 February 2014
24 hrs custody is not even sufficient for deemed suspension.
But on one hand you are saying it is 323 matter and on the other hand you refer to moral turpitude.
If you disclose full facts the facts may change.
Criminal case on moral turpitude can itself be a ground for disciplinary action (not straightway termination as feared) against Govt servant without waiting for outcome of the court.
R.V.RAO
(Expert) 26 February 2014
you may be asked to explain your conduct being convicted (as per public sector bank service rules).
this may be done by way of your written submissions and there after appear before a dept. disciplinary committee.
basically you will be asked why this was not disclosed to the employer earlier.
beyond this nothing like termination will happen.
Guest
(Expert) 26 February 2014
Depends upon two factors:
(1) Presently, whether you revealed the fact or not to the Bnak through attestation form for police verification, if done by the bank; and
(2)Later on in near future, if you are convicted on final judgment in the case.
However, Mr. Anirudh's query is quite valid, as necessary information is wanting in your query to form some specific opinion on your problem.
Mahendrasinh
(Querist) 02 March 2014
I AM WORKING IN GOVT BANK SINCE 2011
I WAS INVOLVED IN ONE CASE UNDER IPC 326 FOR YEAR 2007.
I WAS IN PRISON FOR 24 HOURS TILL GOT THE BAIL IN 2007.
THE CASE IS RUNNING IN TALUKA(TEHSIL) COURT.
BANK ITSELF TOOK THE POLICE VERIFICATION CERTIFICATE DIRECTLY FROM THE POLICE DEPT.AND POLICE DEPT DID NOT DISCLOSE ABOUT THE COURT MATTER IN CERTIFICATE.
THERE IS NO CLARIFICATION FILLED ABOUT THE COURT MATTER IN ANY DOCUMENTS(SUCH AS APPLICATION,PERSONAL INFORMATION,JOINING LETTER, ETC) OF BANKS, SO DID NOT DISCLOSE MY COURT MATTER TO THE BANK.
NOW OPPOSITION PARTY SENT APPLICATION TO MY BANK FOR TERMINATE ME FROM THE BANK.
WHICH ACTION BANK CAN TAKE?
PLEASE GUIDE ME CAN BANK TERMINATE ME OR NOT WHAT ACTION SHOULD I TAKE?
V R SHROFF
(Expert) 02 March 2014
OFFENCE IS VERY SERIOUS. 10 YRS/ lIFETIME JAIL.
So Bank can suspend you till finally decided, or terminate your service , being accused of very serious criminal..
Sudhir Kumar, Advocate
(Expert) 12 April 2014
It is apparent that you have with held the information of pending case while submitting the attestation form.
Action can be taken by the employer notwithstanding the outcome of the case
Sudhir Kumar, Advocate
(Expert) 12 April 2014
It is apparent that you have with held the information of pending case while submitting the attestation form.
Action can be taken by the employer notwithstanding the outcome of the case
Sudhir Kumar, Advocate
(Expert) 12 April 2014
repeated
http://www.lawyersclubindia.com/experts/MORAL-TURPITUDE-456871.asp
ajay sethi
(Expert) 12 April 2014
agee with experts .
