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PURNENDU SINGH
Rana Pratap Singh – Appellant
Versus
Uttar Bihar Gramin Bank – Respondent
Purnendu Singh, J.—Heard Mr. Gyan Prakash, learned counsel appearing on behalf of the petitioner and Mr. Prabhakar Jha, learned counsel for the Uttar Bihar Gramin Bank.
2. Petitioner is aggrieved for non-payment of gratuity and leave encashment and for entitlement of the same he has filed the present writ petition for following relief(s):—
“I. For issuance of a writ in the nature of certiorari for quashing letter No. HO/DAD/10/17-18/No.272 dated 25.09.2017 issued by the General Manager, Uttar Bihar Gramin Bank, Muzaffarpur by which he has denied the payment of amount of petitioner’s gratuity and earn leave holding him vicariously liable in the capacity of Branch Manager for having financial loss to the Bank, which is not only contrary to the punishment order dated 04.01.2012, Dismissal from Bank Service which shall ordinary be a disqualification for future employment in terms of Regulation 39(1)(b)(v) of Uttar Bihar Gramin Bank (Officers & Employees) Service Regulation, 2010 but also against the principle of nemo debet bis vexari and audi alterum partem.
II. For holding that once the Bank has awarded punishment to the petition through a departmental proceeding under Regulation 39(1) (
The Payment of Gratuity Act, 1972, is a beneficial welfare legislation that overrides internal service regulations. Forfeiture of gratuity is strictly limited to the specific conditions prescribed un....
Gratuity is a statutory right under the Payment of Gratuity Act, 1972, and cannot be forfeited without legal justification, even after dismissal for misconduct.
1. Departmental proceedings cannot be continued and a penalty cannot be imposed after an employee has ceased to be in service, in the absence of a specific provision for continuation of the proceedin....
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