Radhakrishnan, J.

Removal of a government servant from service on the ground of conviction for an offence punishable under section 138 of the Negotiable instruments Act be not sustained for the reason that it is not an offence involving moral turpitude is the question that has been referred to us for consideration.

2. Learned Judge referred this case expressing some doubts with regard to the correctness or otherwise of the reasoning of another learned Judge of this court in OP.No.10336 of 2002. Petitioner in this case challenges Ext.P3 order of dismissal dated 13-12-2004 placing reliance on the judgment in OP.10336 of 2002. Learned Single Judge felt that there cannot be a blanket declaration of law that the disciplinary authority shall not impose the penalty of dismissal or removal from service or any other major penalty on the sole ground that the conviction was for an offence punishable under Section 138 of the Negotiable Instruments Act. Learned single Judge pointed out neither Article 311 of the Constitution of India nor Rule 18 of the K.C.S. (C.C. & A) Rules speaks about “moral turpitude” and those provisions do not classify offences as those involving moral turpitud