CENTRAL BANK OF INDIA Vs. HARESH CHANDRA AGRAWAL

JUDGEMENT

(1.) By means of present writ petition, petitioners have sought the following reliefs:-

(2.) Factual matrix of the case is that the respondent was initially appointed on the post of Clerk-cum-Typist on 28.04.1971 in the Central Bank of India. He was elected General Secretary of the Central Bank Officers' Association, Agra in 1984 where he continued till 27.09.2009. On 01.08.1994, he was promoted on the post of Senior Manager in Scale-III and was transferred from Civil Lines, Agra Branch of the Bank to its Agra Cantt. Branch. The respondent was then transferred to Dehradun Branch of the Bank vide order dated 14.10.2006. The respondent moved an application for leave w.e.f. 23.10.2006 to 31.10.2006 for organizational work and again w.e.f. 01.11.2006 to 11.11.2006 on grounds of sickness, which was not sanctioned by the sanctioning authority for want of medical certificate. Vide letter dated 07.11.2006, the respondent was relieved from Agra Cantt. Branch and was advised to report at Dehradun Branch. Subsequently, the respondent was served with a charge-sheet on 27.12.2006 for as many as nine charges, whereby charges of misconduct and undue behaviour were levelled against the respondent. In the departmental proceedings, the charges were proved against the respondent, and consequently, he was dismissed from service w.e.f. 20.08.2007. Against the punishment order, the respondent preferred an appeal before the appellate authority, which was also dismissed vide order dated 24.10.2008. Being aggrieved, the respondent preferred a review of the case under regulations 18 of the Central Bank of India Officer Employees' (Discipline and Appeal) Regulations, 1976, but the same was not considered by the Bank Management. Against the order of dismissal from service, the petitioner preferred a writ petition being WPSB No. 94 of 2014 before this Court. Thereafter, vide letter dated 31.07.2008, the bank management directed to forfeit the amount of gratuity of Rs. 3,50,000/- payable to the respondent due to disorderly conduct and undue behaviour. Against the forfeiture of gratuity, the respondent filed his objections. Subsequently, the respondent filed an application in Form N under sub-rule (1) of Rule 10 of the Payment of Gratuity (Central), Rules 1972 seeking direction from the Controlling Authority for the payment of due amount of gratuity together with interest for delay in its payment. The Controlling Authority, vide the impugned judgment and order, allowed the respondent's application and, and issued a notice to the petitioner Bank to make payment of Rs. 5,46,807/- towards the amount of gratuity and Rs. 1,86,893/- as interest amount, totaling Rs. 7,33,700/- to the petitioner, under the Payment of Gratuity Act, 1972 (hereinafter to be referred as the Act). Being aggrieved by the order of Controlling Authority, the petitioner Bank preferred an appeal before the appellate authority. The respondent also preferred an appeal for payment of gratuity at the enhanced rate. The Appellate Authority, vide judgment and order dated 18/25.01.2017, disposed of both the appeals with the observation that the respondent is entitled to gratuity amounting to Rs. 5,92,861/- along with interest amount to Rs. 3,24,206/- totaling Rs. 9,17,067/-. Top

(3.) The case of the petitioner Bank is that the gratuity of the respondent was forfeited due to his proven disorderly conduct and undue behaviour in departmental enquiry; the claim raised by the respondent in this regard is subsequently barred by time and the authorities have passed the impugned orders against the settled principles of law. As per the petitioners' case, the respondent, if otherwise eligible, is entitled to receive, at the most, maximum gratuity amount of Rs. 3.50 lacs with no interest as the delay was committed by the respondent himself for claiming his gratuity amount as applicable during that period.