Arijit Banerjee, J. - (1.) The short question that arises for determination in this appeal is whether or not, the appellant-bank could attach/adjust the gratuity payable to the respondent-employee upon termination of his service, on the ground that moneys are due and payable by the employee to the Bank on account of loan that had been advanced by the Bank to the employee during the tenure of his service.
(2.) The respondent no.1 employee (hereinafter referred to as Bidyut) had admittedly taken a housing loan from the Bank. When he was working as Computer Operator in the clerical cadre at the Kulpi Branch of the Bank, a disciplinary proceeding was initiated against him. Hearing was conducted. By an order dated 26th May, 2009, the Disciplinary Authority imposed the punishment of "dismissal without notice" in terms of clause 6(a) of the Memo of Settlement dated 10th April, 2002. Bidyut has challenged the disciplinary proceeding and the order passed therein by way of a separate writ petition, being WP No.10301 (W) of 2009, which is pending before this Court.
(3.) Although Bidyut was dismissed from service, the same was without any financial implication inasmuch as admittedly the Bank has not suffered any pecuniary loss by reason of the alleged misconduct of Bidyut. Admittedly, gratuity of Rs.3.5 lakhs is payable to Bidyut as would appear from an internal memo dated 30th May, 2013 issued by the Chief Manager, Establishment Division to the Chief Manager, Corporate Account Department of the Bank.;