RAJESH KUMAR,J. - (1.) Heard learned counsels for the parties.
(2.) The writ jurisdiction of this Court has been invoked by the employer against the order dated 24.01.2012 passed by the Controlling Authority in Application No.36/(07)/2011 E.4 and the Appellate order dated 10.10.2012 passed in PG Appeal/25/2012 whereby employer had been directed to pay 50% of the gratuity amounting to Rs. 1,64,223.50/-.
(3.) Brief fact of this case is that the respondent-ex employee had been appointed on 03.02.1969 and he had been terminated from service w.e.f. 02.08.2004. He had been caught red handed by the CBI for taking illegal gratification of Rs. 1,000/- in course of employment. For this offence, a criminal case had been lodged and finally ex employed had been convicted vide order dated 25.11.2003 passed in RC Case No.7/A/93(D) and sentenced for one year. On such conviction, the concerned workman had been charged vide memo of charge dated 10.01.2004. The charge is on the basis of Clause- 26.1.19 of the certificate standing order, "Conviction by court of law for any criminal offence involving moral turpitude".;