Service Lawyer: Observation made in Criminal Trial is not binding upon the employer in disciplinary proceedings; SC.- 19:00
Supreme Court of India
Justice L. Nageshwar Rao
In the case titled as "State Bank of India vs P. Soupramaniana", the SC has held that the release of employee on probation does not give right to continue in service to the employee against whom the disciplinary proceedings are conducted by the employer.
It was further held that the observation(s) made by a criminal court are not binding upon the employer. The employer has liberty of dealing with his employees suitably.
In the present case as the injury was simple, therefore, it was held that the present case does not fall in the offence involving moral turpitude. As offence is not of moral turpitude, HC judgment affirmed, which set aside the punishment of discharge from service of the respondent/employee.