LAWS(JHAR)-2016-10-36

MRINAL KANT MISHRA, SON OF LATE BHUPENDRA MISHRA, RESIDENT OF QR. NO. CD 435, SECTOR 3, PO, PS DHURWA AND DIST. RANCHI Vs. THE STATE OF JHARKHAND

Decided On October 27, 2016
Mrinal Kant Mishra, Son Of Late Bhupendra Mishra, Resident Of Qr. No. Cd 435, Sector 3, Po, Ps Dhurwa And Dist. Ranchi Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Deduction of Rs. 1,96,064.00 from the gratuity has compelled the petitioner to approach this Court.

(2.) Heard.

(3.) Mr. D. K. Pathak, the learned counsel for the petitioner referring to the specific pleading in the writ petition, submits that without issuing a show-cause notice disclosing the allegation against the petitioner and without initiating a proceeding under Jharkhand Pension Rules, 2000, Rs. 1,96,064/has been deducted from the gratuity of the petitioner. It is contended that deduction of the aforesaid amount from the gratuity is not permissible under the Payment of Gratuity Act, 1972, and in any event the impugned order dated 22.01.2015 cannot be sanctioned in law, on the ground that it has been passed in gross violation of the rules of natural justice.