BISHNU CHARAN MOHANTY Vs. UCO BANK

JUDGEMENT

(1.) The petitioner, an employee of UCO Bank, has filed this application to quash order dated 15.11.2001 in Annexure-4, by which his claim for payment of gratuity has been denied on the ground of gross misconduct, which constitute moral turpitude as per Clause (ii) of Sub-rule (1) of Rule 8 of the payment of Gratuity (Central) Rules, 1972.

(2.) The factual matrix of the case is that the petitioner joined as a ministerial staff in UCO Bank, Khandapara Branch on 08.04.1974. Thereafter, he was promoted to different posts and was working in junior management scale on 08.10.1998, when he was removed from service. As there was some allegation of commission and omission, while he was working as clerk at Puri Branch during the period from 20.08.1980 to 06.11.1982, a disciplinary proceeding was initiated against him on 08.08.1996. Consequentially, final order was passed on 08.10.1998 by the disciplinary authority removing the petitioner from service. Against the said order of removal, the petitioner preferred an appeal, which was also rejected. Thereafter, the petitioner approached this Court by filing OJC No. 9992 of 1999, which was disposed of by order dated 29.08.2000. In that case, argument was confined to the question of punishment and this Court held that the appellate authority had not taken into consideration Clause-21 of the memorandum of settlement dated 14.02.1995 between the Management of 56 'A' Class Banks, as represented by the India Banks' Association, and their workmen as represented by the All India Bank Employees' Association, wherein the petitioner was entitled to superannuation benefits even after removal from service. Having held so, this Court directed the appellate authority to reconsider the appeal in terms of the provisions and pass necessary orders within a period of three months from the date of communication of that order.

(3.) In compliance of the order dated 29.08.2000 passed in OJC No. 9992 of 1999, the appellate authority on 30.11.2000 passed a modified order, the relevant part of which reads thus: