RAJESH KUMAR,J. - (1.) By Court Heard learned counsel for the parties. The present writ petition has been filed for quashing the order dated 18.10.2016 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 in P.G. Appeal No. (37)/2016-A.7 whereby the order of recovery passed by the Original Authority in P.G. Application No. 36(01)/2015-E.6, has been set aside. It has been held that petitioner is not entitled for gratuity under Section 4(6) of the Payment of Gratuity Act, 1972 as he has been convicted in a criminal case involving moral turpitude.
(2.) Fact is not in dispute. Petitioner has been appointed on 19.06.1981 under the respondent and after serving till the age of superannuation, he retired w.e.f. 31.10.2014. While petitioner was in service, a criminal case has been lodged against him by the CBI, Dhanbad vide RC Case No.RC-14(A)/1995(D)(VIG/CB/18/95) for misappropriation of domestic coal amounting to Rs.1,50,000/-. After investigation, the charge sheet has been filed under Section 407, 467, 468, 471 read with section 465, 409 and 120B of the Indian Penal Code and also under Section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988. On conclusion of trial, the petitioner-employee has been convicted by the CBI Court vide judgment dated 09.10.2015 and he has been sentenced for three years rigorous imprisonment with Rs.50,000/- cost.
(3.) Against this order of conviction, a criminal appeal has been filed which is pending before this Court.;