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Shashaank Mishra (Advocate)     08 April 2013

Payment of gratuity to a convicted govt. servant?

Dear memers,

KIndly enlighten me on the following:

A government servant served for 30 years in a state college. In year 2005 he was implicated in a murder case that happened in his native village while he was away in the place of his employment. He was suspended and was convicetd by the trial court u/s 120 B, IPC. He was let out on bail upon appeal by the High Court which is still pending. Meanwhile he retired on subsistence pension. There was never any departmental enquiry set up nor any charge sheet given neither any explanation called. His representationa were repeatedly refused. 

Now, my question is that whether such a person can get his gratuity or not? Grtauity is withheld bythe government. Can he claim gratuity atleast for the period he served prior to his implication in a criminal case.

KIndly help me outon this.

Regards,

Shashaank.



Learning

 3 Replies

Adv k . mahesh (advocate)     08 April 2013

he is eligible till he last working day and if he is acquitted even from high court he is eligible for the remaianing period also 

as grauitity cannot be stoped in  any case 

Sudhir Kumar, Advocate (Advocate)     08 April 2013

not entitled till acquited by high court that too if acquittal is on merits.

Adv k . mahesh (advocate)     09 April 2013

https://indiankanoon.org/doc/72312810/

 


Central Administrative Tribunal - Delhi 

Shri Radhey Mohan vs Delhi Transport Corporation on 2 May, 2012 I to agree with Mr.sudhir kumar and also i am relying on this judgement and he is not eligible after reading this judgement and for your reference


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