- (1.) This writ appeal is preferred by the respondent Indian Bank in the writ petition challenging the correctness of the judgment and order passed by the learned single Judge who allowed the writ petition filed by the 1st respondent -employee of the said bank. During the currency of the writ petition, the 1st respondent - employee/officer of the bank died. His legal representatives have been permitted to prosecute the writ petition.
(2.) The 1st respondent - writ petitioner has been retired from service of the appellant - bank on 8.6.1979 as a measure of punishment. By then, he has already put in 34 years of service to the bank. However, he was not granted gratuity. Ultimately, his representations for payment of gratuity have been turned down on 28.1.1981 on the premise that he was compulsorily retired from service for acts, which amounted to offence involving in moral turpitude and hence he is not eligible to receive gratuity. The case of the 1st respondent -writ petitioner was that as per regulations of the respondent-appellant/Indian Bank, payment of gratuity can be denied only to such employees who are either removed or dismissed from service and not for those who have been retired from service. The case of the appellant - bank is that the 1st respondent - employee/officer has admitted his misdemeanor unconditionally. Hence, he was awarded the punishment of compulsory retirement in accordance with the Indian Bank Officer Employees' (Discipline and Appeal) Regulations, 1976. Therefore, this is not one such case where the employee officer has retired from the service on attaining the age of superannuation. Learned single Judge has noticed that gratuity payable to an officer can be wholly forfeited if only the service of such officer has been terminated for his riotous or disorderely conduct or any other act of violence on his part or if the officer is dismissed for misconduct or his services have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment. It is therefore, held by the learned single Judge that excepting in the above contingent situations, payment of gratuity cannot be forfeited in any other case. In the instant case, the officer - employee has been handed down major punishment of compulsory retirement from service. It is not the same as dismissal from service. Hence, the writ petition has been allowed.
(3.) We have heard Sri Ambadipudi Satyanarayana, learned counsel for the appellant - bank and Sri V.S.R. Anjaneyulu, learned counsel for the respondents.;