Whether an employee can be dismissed from service as a measure of major penalty where the amount illegally withdrawn by him has been repaid with penal interest. If so, what is the remedy to employee. In addition whether EPF, gratuity can be withdrawn after dismissal
WITHOUT DEPARTMENTAL PROCEEDINGS DISMISSAL CAN'T BE. INITIALLY THE DEPARTMENT WILL SUSPEND THE EMPLOYEE. LATER THEY WILL FILE A CRIMINAL CASE FOR MISAPPROPRIATION OF GOVERNMENT FUNDS CASE AGA INST HIM. SO ALSO THEY CAN FILE A DP PROCEEDING AGAINST THE EMPLOYEE. THE EMPLOYEE HAS TO FACE ALL THESE MATTERS. IF AT ALL THE EMPLOYEE WINS THESE MATTERS THEN HIS JOB CAN BE REAPPOINTED. NOW WHATEVER MAY BE THE CASES OR PROCEEDINGS, THE EMPLOYEE CAN ASK SUBSTISTANCE ALLOWANCES FROM THE DEPARTMENT. HE OR HIS FAMILY CAN GET HALF OF THE BASIC. SO ALSO DURING TERMINATION HE CAN CLAIM COMPENSATION AROUND 20TIMES OF BASIC.
When the employee has repaid the illegally withdrawn amount, then it is an admission of his guilt. So, he should also have pleaded for the clemency or imposing of the lighter punishment. However, as per your query, now the gratuity may not be paid to him, but the EPF would be.