JUDGMENT :

BECHU KURIAN THOMAS, J.

1. Petitioner challenges an order issued by the Controlling Authority under the Payment of Gratuity Act, 1972 (for short ‘the Act’) directing the writ petitioner to pay to the 2nd respondent the gratuity quantified.

2. The 2nd respondent retired as the Deputy General Manager of the writ petitioner Bank on 30.06.2010. He served in the Bank from 1975 onwards and no disciplinary proceedings were ever initiated against the petitioner till the date of his retirement. However, on the day of his retirement, a notice styled as ‘Memorandum’ was issued to him, which is produced as Ext.P1 directing him to show cause as to why disciplinary proceedings should not be initiated for an alleged gross negligence and dereliction of duty, alleged to have been committed by him. Though disciplinary proceedings were never initiated, 2nd respondent's gratuity was not paid alleging negligence and dereliction of duty in respect of a loan sanctioned in 2003.

3. Since even after the lapse of four years the gratuity was not paid to the petitioner, he filed an application as Ext.P2 before the controlling authority, on the basis of which after considering Ext.P3 objection filed by