BHARAT SANCHAR NIGAM LIMITED Vs. SHARDINDU KUNDU

JUDGEMENT

(1.) This writ petition is filed for quashing the order dated 12.3.2013 passed by the learned Central Administrative Tribunal, Patna, Circuit Bench at Ranchi in O.A. No. 54 of 2013(R). whereby the learned Tribunal has directed the petitioner-BSNL to release 50% of gratuity to the applicant/respondent immediately and also to stay the operation of the order of the Tribunal till the final disposal of the case. The respondent stood retired from service on attaining the age of superannuation on 30.9.2011 while working as SDE in the office of TDM, Dumka, Before his superannuation, he was charge-sheeted vide Memo dated 14.5.2008 and 22.9.2011, which charge memos are still pending with no final outcome as yet. Apart from the above charges, six criminal cases are also pending in the competent criminal courts. Seeking release of 90% of DCRG and contending that his case is not covered under the provisions of Section 4(6)(a) & (b) of the Gratuity Act, 1972 and that the BSNL cannot withhold his gratuity, the respondent filed Original Application being O.A. No. 54 of 2013(R) before the Central Administrative Tribunal. Vide interim order dated 12.3.2013, the Tribunal has directed the BSNL to release at least 50% of gratuity to the respondent immediately. Challenging the interim order, the BSNL has preferred this writ petition.

(2.) The learned counsel appearing for the petitioner has submitted that, in case of the similarly situated employee, the Tribunal in O.A. No. 1 of 2013(R) (order dated 7.3.2014) held that since the CBI cases and departmental proceedings are pending against the delinquent employee for irregularities, the respondent is justified in withholding the gratuity. In the present case, the respondent is facing six criminal cases and also the departmental proceeding and thus, the Tribunal is not justified in directing release of 50% of the gratuity amount.

(3.) We have heard Mr. Rajiv Kumar, the learned counsel appearing for the respondent.