UCO BANK Vs. SURYPRAKASH KANNAUJIYA & OTHERS

JUDGEMENT

(1.) The petitioner which is a bank has filed the present writ petition before this Court challenging the orders dated 20.08.2014 and 05.01.2015 passed by the Controlling Authority and Appellate Authority respectively.

(2.) Respondent no.1 who was an employee of the bank has faced a departmental enquiry where the charges were extremely serious in nature amounting to embezzlement, monetary loss to the bank, etc. In the departmental proceedings after a due enquiry, both the charges stood proved against respondent no. 1 and for each of the charges, the delinquent respondent no. 1 was punished with the penalty of reduction in the basic pay by two stages in the time scale of pay with cumulative effect vide order dated 04.04.201 Against this order, respondent no. 1 preferred an appeal before the appellate authority. The appellate authority vide order dated 03.03.2015 upheld the order of the disciplinary authority and dismissed the appeal of respondent no.1.

(3.) However, meanwhile the respondent no. 1 superannuated on 31.12.2010 and the gratuity payable to respondent no.1 was withheld and it was released subsequently in favour of respondent no. 1 without any interest. Demanding the interest on the gratuity for the period it was withheld, respondent no. 1 approached the Controlling Authority, which has ordered for payment of interest to respondent no.1 vide order dated 20.08.2014. Against this order, the bank went in appeal, where the order of the Controlling Authority was upheld. Hence, the present writ petition before this Court.