Cheque bounce case -- Dismissal from service -- Conviction u/s 138 of N.I. Act – Dispute was of private nature -- Offence at best, though has a criminal colour to it cannot be held to be an offence involving moral turpitude – Dismissal from service simplicitor on the ground of conviction u/s 138 of the Act without holding a regular inquiry, as envisaged under the Rules, is not sustainable and deserves to be set aside -- Removal from service is set aside -- Petitioner would be deemed to be in service with all consequential benefits.

(P&H HC) Decided on: 08.05.2017

Conviction in cheque bounce case – Termination of service -- Conviction u/s 138 of N.I. Act even though have a criminal colour cannot be termed to be such as the genesis of the dispute essentially arising from a civil transaction which should not, therefore, ordinarily have any bearing on the service of an employee -- Punishment order of termination of services of the petitioner is extremely harsh – Termination order set aside.

(P&H HC) Decided on: 05.11.2015