Gratuity can be forfeited to the extent of the damage or loss so caused
Contents News/Article Date: Arguments heard on 18/4/2022
Relating to which Act: Payment of Gratuity Act, 1972
Penalty under the Act:
Applicable to which State: All the States and Establishments covered by the Gratuity Act
Type: Writ Petition in the High court of Madhya Pradesh at Jabalpur before HON’BLE SMT. JUSTICE NANDITA DUBEY
WRIT PETITION No.6800/2020
Pertains to: PRADEEP KUMAR, AGED ABOUT 52 YEARS, ………. PETITIONER (By Shri Tej Kumar Malik, Advocate) AND FIELD GENERAL MANAGER, CENTRAL BANK OF INDIA (By Shri P.K. Mishra, Advocate)
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And in this instance: In the present case, the petitioner was caught red handed while accepting illegal gratification for release of remaining payment to Smt. Kantibai from CKCC limit. He was thereafter convicted under Sections 7 and 13 of the Prevention of Corruption Act by the court of competent jurisdiction. Petitioner has misused and abused his official position for getting illegal gratification. There is no dispute that the offence for which the petitioner has been convicted and sentenced to three years’ rigorous imprisonment with fine involves moral turpitude.
In view of the afore stated, the action of respondent/employer in forfeiting the gratuity of petitioner/employee is justified in proper and calls for no interference. This petition is accordingly dismissed
Section 4(6) of the Gratuity Act reads as under: – W.P. No. 6800/2020
4(6) Notwithstanding anything contained in sub-section (1):
(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused.
(b) the gratuity payable to an employee may be wholly or partially forfeited]
Subject: Gratuity can be forfeited to the extent of the damage or loss so caused
Attached is the judgement