ORAL ORDER

This petition is filed challenging the order dated 02.02.2015 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 (for short 'Act of 1972') as well as the order dated 31.01.2017 passed by the Appellate Authority under the same Act.

2. The petitioner/employer’s decision to withhold the gratuity payable to the respondent/employee is called in question before the Controlling Authority. The employer had taken the decision to withhold the gratuity payable to the respondent on the premise that respondent/employee is convicted in a criminal offence and appeal against conviction is pending consideration.

3. The Appellate Authority, dismissed the employer’s appeal. Hence, the present petition.

4. It is the submission of learned counsel appearing for the petitioner that under Rule 69(1)(c) of Central Civil Service (Pension) Rules, 1972, (for short 'CCS Rules, 1972'), the pendency of a disciplinary proceeding or any criminal case, is a valid ground to withhold the pension till the conclusion of the said proceedings. He further submits that the Competent Authority as well as the Appellate Authority have erred in holding that the respondent is entitled to pensio