CANARA BANK Vs. APPELLATE AUTHORITY UNDER

JUDGEMENT

(1.) This intra Court appeal has been filed against an order dtd. 3/8/2021 passed by the learned Single Judge by which the writ petition preferred by the appellant assailing the orders dtd. 10/2/2012 and 11/3/2013 passed by the Controlling Authority as well as the Appellate Authority under the provisions of Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act') has been dismissed.

(2.) Facts giving rise to filing of this appeal in a nut shell are that respondent No.3 (hereinafter referred to as 'the employee'), at the relevant time, was posted as Manager in Shanthinagar Branch, Bangalore by the appellant - Bank. During the period between 22/3/2001 to 23/8/2004, the employee was alleged to have committed misconduct in respect of certain accounts, flouting the norms and procedures of the appellant - Bank. The employee was subjected to disciplinary proceeding under the Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976. A charge sheet was served to the employee and an enquiry was conducted against him. The Disciplinary Authority, by an order dtd. 31/1/2009, imposed the penalty of removal from service. The employee thereafter filed an appeal which was dismissed by the Appellate Authority by an order dtd. 1/10/2009.

(3.) The employee thereafter filed a petition under the provisions of the Act on 29/7/2010. The appellant filed objections to the same. The Controlling Authority under the Act, by an order dtd. 10/2/2012, allowed the application preferred by the employee. Against the aforesaid order, the appellant filed an appeal before the Appellate Authority which was dismissed by the Appellate Authority by an order dtd. 11/3/2013. Thereafter, the appellant challenged the aforesaid order in the writ petition. The writ petition preferred by the appellant has been dismissed by the learned Single Judge by an order dtd. 3/8/2021. In the aforesaid factual background, this appeal arises for our consideration.