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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JAGMOHAN BANSAL
Punjab State Co-Operative Supply And Marketing Federation Ltd – Appellant
Versus
Ashwani Kumar Garg – Respondent
JUDGMENT :
Jagmohan Bansal, J. (Oral)
By this common order, the above-noted petitions are hereby adjudicated as issues involved and prayer sought in all the petitions are common. For the sake of convenience and with the consent of parties, the facts are borrowed from CWP-85-2022.
2. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting of order dated 28.09.2018 (Annexure P-1) whereby Controlling Authority under Payment of Gratuity Act, 1972 (for short '1972 Act') and order dated 29.10.2020 (Annexure P-3) whereby Appellate Authority have directed the petitioner to pay gratuity alongwith interest.
3. The petitioner is a Public Sector Undertaking and engaged in the business of manufacture and supply of different agriculture products. Respondent No.3 (for short 'employee') joined petitioner on 21.09.1981. He retired on attaining the age of superannuation on 30.06.2017. During the tenure of his service, he was served multiple charge sheets. In all the charge sheets, there was allegation of misconduct causing loss to the Organization. The petitioner has concluded proceedings with respect to a few charge sheets, however, proceedings wit
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....
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....
Gratuity payment can be withheld during the pendency of departmental or judicial proceedings as per Rule 64(1)(c) of the Chhattisgarh Civil Services (Pension) Rules, 1976.
Gratuity is not payable during pending disciplinary proceedings against a government servant, while provisional pension is allowed until the conclusion of such proceedings.
Departmental proceedings against retired employees cannot be instituted under Civil Service Regulations if the post is non-pensionable; gratuity cannot be withheld without meeting statutory condition....
The applicability of Civil Service Regulations depends on employment nature; disciplinary proceedings cannot continue against retired employees without specific provisions, and gratuity cannot be wit....
Pension and gratuity cannot be withheld without proper proceedings and findings of misconduct; Rule 43(c) requires adherence to principles of natural justice.
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