Conviction Under Section 498-A IPC Involves Moral Turpitude Warranting Dismissal From Service

The petitioner, an EP Mazdoor at Bharat Coking Coal Limited (BCCL), was convicted under Section 498-A of the Indian Penal Code (IPC) on July 21, 2017, in C.P. Case No. 2027 of 2009

Following the conviction, the management issued a show-cause notice on October 13, 2017, citing Clause 26.1.19 of the Certified Standing Orders, which classifies conviction for an offence involving "moral turpitude" as serious misconduct warranting dismissal

After considering the petitioner’s reply, the respondents passed Order No. 1346 dated November 4/6, 2017, dismissing him from service

The petitioner challenged the dismissal, arguing that an offence under Section 498-A IPC does not constitute moral turpitude

1. Whether a conviction under Section 498-A of the IPC constitutes an offence involving "moral turpitude" under Clause 26.1.19 of the Certified Standing Orders

2. Whether the dismissal of the petitioner from service based on such conviction was legally sustainable

Clause 26.1.19 of the Certified Standing Orders of BCCL, which mandates dismissal for offences involving moral turpitude

Sushil Kumar Singhal v. Regional Manager, PNB (2010), defining moral turpitude as conduct contrary to justice, honesty, or good morals

Baleshwar Singh v. District Magistrate (1959) and Pawan Kumar v. State of Haryana (1996), which describe it as conduct that is inherently base, vile, or depraved

Narendra Ramdas Borse v. State of Maharashtra (2018) and Vincent Varghese v. State Bank of India (1998), were cited to establish that Section 498-A IPC (cruelty by husband or relatives) squarely falls within the ambit of moral turpitude

The Court rejected the petitioner's reliance on Sarju Prasad Singh v. State of Bihar, noting that the said case involved Section 302 IPC and did not support the petitioner's claim that Section 498-A lacks the element of moral turpitude

The Court reasoned that "moral turpitude" refers to acts that gravely violate community standards of justice and good morals

By examining Section 498-A IPC, the Court observed that subjecting a woman to cruelty is inherently base and depraved conduct in a civilized society

Relying on the Kerala and Bombay High Court decisions, the Court held that since the petitioner was convicted of an offence that shocks the moral sense of the community, the management was under an obligation to discontinue his services

The Court found that the disciplinary procedure, including the issuance of a show-cause notice, was duly followed

The Court affirmed the dismissal order dated November 4/6, 2017, finding it strictly in accordance with the law

The writ petition was dismissed without costs