An employee kept under suspension pending enquiry for being tried under criminal law for theft of company's property. Charges of theft of company's property proved in the domestic enquiry. Criminal proceedings getting delayed. The employee dismissed after about 3 years of suspension based on the findings of the enquiry officer.
1) Can grauity payable to him be forfeited deeming it as a case of involvement in act of moral turpitude.?
2) If grauity is to be paid, are we to consider the period of suspension as service?
