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IN THE HIGH COURT AT CALCUTTA
SHAMPADUTT (PAUL)
Union Bank of India – Appellant
Versus
Appellate Authority Under the Payment of Gratuity Act, 1972 – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The writ application has been preferred praying for direction upon the respondent no.1 and 2 to set aside and cancel the impugned orders dated 13.06.2023, passed by the Controlling Authority order dated 27.03.2024 passed by the Appellate Authority under the Payment of Gratuity Act.
2. The petitioners case in short is that on 17.08.1987, Sri Narendra Singh, the Private Respondent joined the petitioner bank and was lastly promoted to the post of Chief Manager. He was served with Articles of Charges dated 01.03.2018 for causing irregularities while granting loans when he was posted as Branch Manager, Agra Development Authority Branch, Agra Region. On 20.03.2018, the Private Respondent submitted his reply to the Articles of Charges. During 23.04.2018 to 13.07.2018, an enquiry was held in connection with the charges levelled against the Private Respondent. He participated in the said enquiry. Thereafter, the Report was submitted by the Enquiry Officer.
3. After observing due process of law, the Disciplinary Authority by an order dated 22.01.2019 imposed the punishment of dismissal from services of the bank. The Private Respondent preferred an Appeal agai
Proper notice, quantification, and opportunity to be heard are mandatory for forfeiting gratuity under the Payment of Gratuity Act, 1972; failure to comply invalidates the forfeiture.
Forfeiture of gratuity can only occur upon conviction by a court of competent jurisdiction for an offence involving moral turpitude, as established in Union Bank of India v. C. G. Ajay Babu and Other....
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