SHAILESH KUMAR SINHA, J.

1. The petitioners are aggrieved for being withholding the payment of gratuity on their superannuation in the year 2008 from the service of the Bank till conclusion of the criminal proceedings launched against them in the year 1994 which is pending for trial. Petitioners have prayed for a direction commanding the respondents to make payment of the gratuity which became admissible on superannuation as per the provision of the Payment of Gratuity Act 1972 (hereinafter referred to as Gratuity Act).

2. The matter in issue as to whether Gratuity can be forfeited/withheld during the pendency of the criminal proceeding under the payment of Gratuity Act/UCO Bank (Employees) Pension Regulation of the respondent-Bank.

3. The relevant facts of both the above cases are virtually common. However, relevant facts of the case of Shambhu Sharan Singh are being referred hereinafter for appreciating the matter in issue. Petitioner while working as an Assistant Manager at Chapra Branch of the Bank was proceeded departmentally as per charge-sheet dated June 27, 1994 for certain lapses in discharge of his duty. The departmental proceedings ended with inflicting the puni