SATISH CHANDRA KUMAR Vs. SYNDICATE BANK AND OTHERS

JUDGEMENT

(1.) THE claim in the present writ petition is for the grant of leave encashment and gratuity. The second issue raised is that the respondent -bank has retained the original title deed of the property of the petitioner mortgaged with the bank as security, bearing House No. 77, Hamida Colony, Yamuna Nagar, Haryana, illegally. The petitioner was appointed as Clerk in the respondent -Bank on 2.9.1972. Thereafter, an inquiry was launched against him and he was given punishment of compulsory retirement. However, his leave encashment and gratuity were not released. Hence this writ petition.

(2.) IN the written statement, the defence taken is that the petitioner was found guilty of having obtained unreasonable pecuniary advantages for himself and after consideration of the entire case, he was given punishment of compulsory retirement and, therefore, the respondent -bank was justified in retaining his leave encashment and gratuity.

(3.) IN this view of the matter, this writ petition is allowed and the impugned order is set aside. The respondents are directed to release the amount payable to the petitioner within two months from the receipt of a certified copy of this order, failing which he would be entitled to claim the same with interest @ 6% p.a. from the date the amount fell due to the date of actual payment.