Withholding of pension and gratuity

Himadri Shekhar Bhattacharjee (Querist) 26 August 2013 This query is : Resolved
Sir, my friend was suspended and then after an enquiry removed from service. No, pension,gratuity and leave encashment were paid leaving him in dire straits after 28 years of service. I would like to keep aside whether he has done anything wrong or not, since, it would be the subject matter of the honourable court to decide, since, the verdict and enquiry were full of errors.But, I would like to know from experts like you, that, whether withholding of retirement benefits like pension, gratuity etc, after 28 years of service can be made and does it not tantamount to denial of sustenance from a family and natural justice? what remedy is available against this from the honourable court?
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Sudhir Kumar, Advocate (Expert) 26 August 2013
you have not disclosed who the employer was?

You have also not disclose precisely what the charges were?

No useful reply can be attempted.

However in case of removal from service no terminal benefits like pension DCRG will be admissible. No leave encashment will be there.

He will get PF only.

Sudhir Kumar, Advocate (Expert) 26 August 2013
my above reply will differ if he was private employee and EPFO subscriber.

Himadri Shekhar Bhattacharjee (Querist) 27 August 2013
Thank you Sudhir Kumar Sahab. The employer was United Bank Of India. The computer operator/clerk at that branch, where my friend was manager, hacked my friend's password and did certain anomalies. Then he confessed in writing and deposited a sum of Rs 400000, to make good the loss, then, he died after one month, from a stroke. He also mentioned in his confession that, he did this at the guidance of my friend, which was not true and since he died, he could not be cross examined. Now, after a departmental enquiry, the bank removed my friend from service, confiscating all his terminal benefits, inspite of the confession of the dead computer operator, no personal hearing was given, entire enquiry was conducted on the basis of written briefs. The disciplinary authority opined that, due to irregularities committed by friend bank and government funds were put to jeopardy. Can redressal be sought from honourable court through writ petition? Please advise, the entire family of my friend is on the verge of starvation. Regards.

Sudhir Kumar, Advocate (Expert) 27 August 2013
without Appeal to Appellate Authority and without a decision ( or no decision till reasonable time)there is no point to go to court.

Appellate Authority may or may not be the highest authority

V R SHROFF (Expert) 31 August 2013
Q: whether withholding of retirement benefits like pension, gratuity etc, after 28 years of service can be made and does it not tantamount to denial of sustenance from a family and natural justice.??

Ans : he has done anything wrong or not, is the subject matter of the honourable court to decide. SO LET COURT DECIDE , WHETHER LOSS CAN BE RECOVERED FROM EMBEZZLEMENT+ PUNISHMENT TO BE AWARDED BY COURT.
SUCH PERSONS MUST BE PUNISHED.
LET HIS FAMILY STARVE, SO Other Bankers' family keep check on them in future.
They cannot be allowed to get away with all benefits!!