CENTRAL BANK OF INDIA Vs. SUDERSHAN KAPOOR

JUDGEMENT

(1.) THE challenge in this writ petition is to the order dated May 09, 2006 passed by the Regional Labour Commissioner (Central), New Delhi in Appeal No. ND.36(4)/2006 -P.A. whereby the Authority has upheld the decision of the Controlling Authority, who had directed payment of gratuity, amounting to Rs.3.50 lakhs along with interest @ 10% to the respondent.

(2.) THE brief facts are that, in the month of October 1999 when the respondent was working as a Branch Manager in the branch of petitioner -bank at Patel Nagar and also Manager, NBO, a charge sheet was issued to her for giving overdraft facility against fake/forged Kisan Vikas Patras, causing loss of Rs.1.40 Crores to the petitioner -bank. The charge reads thus:

(3.) SUFFICE to state that the respondent has not challenged the order of removal. On May 21, 2004, the respondent through her representation, demanded that gratuity be paid to her. The Assistant General Manager, in his intra -office memo to Incharge, NBO conveyed the direction of Competent Committee, whereby it was decided that the entire gratuity amount of Rs. 3.50 Lakhs payable to the respondent, be forfeited and appropriated towards the loss caused to the bank due to the proven act of misconduct on her part.