Back
PANKAJ BHANDARI, PRAVEER BHATNAGAR
Balbir Singh S/o Late Sh. Ram Dev Singh – Appellant
Versus
Union Of India – Respondent
ORDER :
1. The petitioner has preferred this writ petition aggrieved by the order dated 12th May, 2022, whereby petitioner’s claim for release of gratuity and other retiral dues on his superannuation on 31st July, 2020 was dismissed.
2. It is contended by learned counsel for the petitioner that the Central Administrative Tribunal, Jaipur Bench, Jaipur (for short “the Tribunal”) has not correctly appreciated the Payment of Gratuity Act, 1972 (for short “the Act of 1972”). It is contended that gratuity cannot be withheld as conviction of the petitioner was stayed by Division Bench of this Court.
3. It is also contended that conviction under Section 304B IPC cannot be treated as a grave misconduct, as it has nothing to do with the official duties of the petitioner.
4. It is further contended that as per Rule 9 of the Central Civil Services (Pensions) Rule, 1972 (for short “the Rules of 1972”), pension and gratuity can be withheld only if pecuniary loss is caused to the Government.
5. It is contended that in the present case, there is no loss caused to the Government. The petitioner has put in 31 years of unblemished service and there was no charge-sheet ever issued to him.
6. It is contende
The President can withhold gratuity if an employee is found guilty of grave misconduct in judicial proceedings, even if the conviction is stayed.
In employment governed by statutory banking regulations, an employer can withhold gratuity and additional retiral benefits of an employee against whom a judicial proceeding is pending, even if no gro....
The main legal point established is that under Rule 43(c) of the Bihar Pension Rule, 1950, employees facing departmental inquiry or judicial proceeding at the time of superannuation are entitled to p....
Gratuity is not payable during pending disciplinary proceedings against a government servant, while provisional pension is allowed until the conclusion of such proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
