SWARN SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The contention that the petitioner having been released under S. 4 of the Probation of Offenders Act, 1958, the disqualification attaching to his conviction for having committed an offence punishable under S. 61 (1) (a) of the Punjab Excise Act, 1914 stood removed by S. 12 of the Act, cannot prevail. The matter is concluded by the recent decision of this court in Shankar Dass v. Union of India'. In that case the court has laid down that conviction on a criminal charge was not a disqualification falling within the purview of S. 12 of the Act. It also referred to clause (a) of the second proviso to Article 311 (2) of the Constitution which confers a power on the government to dismiss a person "on the ground of conduct which has led to his conviction on a criminal charge". It cannot therefore be said that the State Bank of India could not take recourse to S. 10 (l) (b) (i) of the Banking Regulations Act, 1949 in directing the removal from service of the petitioner upon his conviction under S. 61 (l) (a) of the Act as he was guilty of conduct which led to his conviction by the criminal court involving moral turpitude.

(2.) The special leave petition is accordingly dismissed.