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SANDEEP MEHTA, KULDEEP MATHUR
Jodhpur Central Cooperative Bank Limited – Appellant
Versus
Prabhu Lal Choudhary S/o Shri Jora Ramji Choudhary – Respondent
JUDGMENT :
1. By way of present special appeal, the appellants are assailing the validity and correctness of the order dated 26.05.2022 passed by the learned Single Bench whereby the disciplinary proceedings conducted against the respondent (writ petitioner) were declared to be without any authority of law. Further, a direction was issued to disburse the amount of gratuity withheld as a consequence of punishment of ‘dismissal from services’ imposed upon the respondent, with interest payable in terms of Section 7(3A) of the Payment of Gratuity Act, 1972.
2. Briefly stated facts of the case are that the respondent while holding the post of Branch Manager, Jodhpur Central Cooperative Bank Ltd. Bilara (hereinafter referred as ‘appellant-bank’) stood retired from the services w.e.f. 31.07.2004, on attaining the age of superannuation. The Managing Director of the appellant-bank, in contemplation of disciplinary proceedings, exercising powers conferred under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as the ‘CC&A Rules of 1958’) vide order dated 26.07.2004 placed respondent under suspension, just 5 days before his retire
Disciplinary proceedings against retired employees must have legal authority as per statutory rules or provisions, and the absence of such authority renders the proceedings without jurisdiction.
Gratuity is not payable during pending disciplinary proceedings against a government servant, while provisional pension is allowed until the conclusion of such proceedings.
The main legal point established in the judgment is that once departmental proceedings are concluded and an order of penalty has been imposed, the gratuity cannot be withheld on the ground of pendenc....
The main legal point established is that a dismissed employee's entitlement to gratuity is determined by the relevant service regulations and the provisions of the Payment of Gratuity Act, 1972.
Delays in disciplinary proceedings can lead to unjust withholding of retirement benefits, necessitating timely resolution per tribunal orders.
Disciplinary proceedings can be continued after retirement for the purpose of withholding pension or gratuity if the pensioner is found guilty of grave misconduct or causing pecuniary loss to the gov....
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