SC: Release on probation doesn’t entitle employee to claim reinstatement

Today, i.e. on 26thApril 2019, the Hon’ble Supreme Court, in the matter of The State Bank of India & Others. v. P. Soupramaniane observed that a person released under probation for the reason that his career should not be affected is not entitled to claim a right to continue in service due to such release order.

The Hon’ble Supreme Court observed that:

Not mentioning in the discharge order, the statutory provision on basis of which a person is discharged is not a valid ground for setting aside the discharge. (Para 5)

The release under probation does not entitle an employee to claim a right to continue in service. (Para 5)

The observations made by a criminal court are not bindingon the employer who has the liberty of dealing with his employees suitably. (Para 5)

Acts which disclose depravity and wickedness of character can be categorized as offences involving moral turpitude. (Para 8)

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. (Para 9)

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 result in an offence involving moral turpitude. (Para 9)

Copy of judgement: Judgement_26-Apr-2019

Tushar Kaushik

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