NDLI: The State Bank of India & Others Vs. P. Soupramaniane

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Banking Regulation Act offence involving moral turpitude 1949 simple injuries assault discharged from service s.10(1)(b)(i)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Banking Regulation Act (10 of 1949)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Banking Regulation Act, 1949 – s.10(1)(b)(i) – Respondent, working as Messenger in the State Bank of India stabbed one ‘K’ and one ‘S’ with a broken soda bottle – Trial court convicted the Respondent u/s.324, IPC – Conviction affirmed by the Appellate Court – Respondent discharged from service – Respondent filed Writ Petition in the High Court – Dismissed – Writ Appeal – Allowed by the Division Bench – Held: s.10(1)(b)(i) of the Banking Regulation Act, 1949 provides that conviction by criminal court of an offence involving moral turpitude shall disentitle a person from continuing in employment of a banking company – 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 and the circumstances of the case – Present case concerns an assault – There was no motive for the Respondent to cause the death of the victims – Criminal courts below found that the injuries caused to the victims were simple in nature – Crime committed by the Respondent does not involve moral turpitude – Respondent not guilty of an offence involving moral turpitude – Not liable to be discharged from service – Judgment of the High Court, affirmed – Service Law – Penal Code, 1860 – s.324.
Judge	Hon'ble Mr. Justice L. Nageswara Rao
Neutral Citation	2019 INSC 579
Petitioner	The State Bank Of India & Others
Respondent	P. Soupramaniane
SCR	[2019] 6 S.C.R. 1064
Judgement Date	2019-04-26
Case Number	7011

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