AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Shri Johrapurkar, learned counsel for the
petitioner and Ms. Khan, learned A.G.P. for respondent nos. 2 and 3.
None had appeared for respondent no.1.
With the assistance of learned A.G.P. we have perused
reply-affidavit filed by respondent no.1.
After superannuation of petitioner, gratuity amount was
not released fully and recovery of an amount of Rs. 72,644/- was
effected from the same. Petitioner challenged this action in Appeal
before respondent no.2 Divisional Commissioner. By a speaking
order on 24.12.2001, his appeal came to be allowed and a direction
has been issued to respondent no.1 to pay gratuity amount to
petitioner and liberty is also given to take action against responsible
persons. After this order, as gratuity amount was not paid, present
petition has been filed in September, 2002 by the petitioner.
Learned A.G.P. has also pointed out submissions filed by
respondent no.2. Respondent no.2 being Appellate Authority has
supported the order dated 24.12.2001, which is in favour of the
petitioner. Respondent no.1 has pointed out that it is conducting
enquiry against the persons in the matter and hence, petition should
be dismissed. This reply has been filed on 11.08.2003.
Gratuity can be withheld only for a proved loss, that too
by a proper order before retirement. This is not the position here.
Hence, enquiry even if going on, is not sufficient to deny payment of
gratuity amount to petitioner. Respondent no.1 has rightly pointed
out the provisions of Rule 27[2] of the Maharashtra Civil Services
(Pension) Rules, 1982. If after enquiry the petitioner is found guilty,
the loss caused can be recovered as provided in law through his
pension amount. Similarly, by way of punishment, his pension also
can be deducted.
We therefore, find no justification for withholding the
gratuity amount payable to petitioner who has superannuated on
31.08.1999.
We therefore, direct respondent no.1 to forthwith release
the withheld amount of gratuity to petitioner with interest as
stipulated in Payment of Gratuity Act . The amount shall be
deposited in the bank account of the petitioner within next three
months. Writ Petition is accordingly allowed. Rule is made
absolute in aforesaid terms, with no order as to costs.