The Legal Education - Law Commission of India

12413.4 Therefore, we are of the emphatic view that the proviso below sec.24A(1) must be deleted.13.5 Yet another aspect is whether dismissal or removal on the ground ofmoral turpitude should be a disqualification only in respect of employeesunder the ‘State’ as defined in Art. 12 of the Constitution of India andwhether persons in private employment who have been dismissed orremoved from service should not suffer such a disqualification. We do notfind any good reason to allow those in service under entities not fallingwithin Art. 12, who are dismissed or removed from private service, oncharges involving moral turpitude, to be allowed to be enrolled. As atpresent, sec. 24A(1) does not disqualify such persons even for two years.It is, therefore, necessary to delete the words ‘under the State’ in sec.24A(1)(c) and to also delete the Explanation.13.6 We, therefore, recommend deletion of the Explanation and theproviso below sec. 24A(1), and also the deletion of the words “under theState” in clause (c) of sec. 24A (1).