Gratuity

According to a recent Supreme Court decision  a dismissed employee is entitled to penion.But as per current law gratuity and PF <leave encashment etc are not allowed.Of which especially statutory benefits like gratuity and PF etc.. If  the employees case in respect of a criminl proceeding which is th  same as  his deppartmental proceedings the employee is enttiled to be reinsstated wih  backwages.-According to a Supreme court decisionSo if an employee is dismissed for misconduct relating to criminal charges and utimately end in acquittal he is liable  to be reinstated with back wages accordingto a recent suprme court decision..If you  appreciate this ansnwer please click the thank you button on this forum.

It depends on the charges proved by Bank.  If it is negligence you must have applied for review to treat the retirement as compulsolry retirement.  Now after 6 years it is too late.  If it is a fraud there can be no case of sympathy, but you ought to have challenged the same in a court of law.  Just make a formal revie petition, for considering the dismissal as compulsory retirement if there is no malafide acts and connivance with parties to defraud the bank, and if the default is not that large or that amount was recovered by Bank as of now.  This is just making a sincere attempt without expecting a positive result.  May be, the reviewing authorities may consider if the background is helpful.  

Did the bank provide opportutnity of hearing, natural justice, conduct inquiry and pass speaking order of forfeiture of gratuity?

Please post the complete facts as to the charges, findings in the Inquiry Report  and dicision of the Disciplinary Authority.

Main charges were about some fraud perpetrated by one one promoter of a building .Six of his flasts were financed by us which subsequently came to light as was financed already by some other bank.Banks panel advocate cleared the title  and we got the flats registered in the name of the borrowers and got mortgage created .After that only it came to light that they were already financed by other bank .There were some other procedural lapses as well.Bank conducted enquiry and found that it was going incurr loses about 1 crore, but actually all the loans were secured . No wilful negligency was charged against me or malafide was raised .But becasue bank was going to incurr losses as per the enquiry officer and review officer I was dismissed without any retirement benefit.however my advocate will soon be filing case against the bank.

You have posted that:

"Banks panel advocate cleared the title  "

So in this part you had no stake holding.

"There were some other procedural lapses as well"

Were you a stake holder in these lapses?

"No wilful negligency was charged against me or malafide was raised "

So it was established, in inquiry! Confirm!

"But becasue bank was going to incurr losses as per the enquiry officer and review officer I was dismissed without any retirement benefit."

If you were neglugent then why you were penalised?

You have not replied to:

"Did the bank provide opportutnity of hearing, natural justice, conduct inquiry and pass speaking order of forfeiture of gratuity?"

In the meantime you may go thru:

https://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp

The most important thing at this point is information.\File Application and seek information from the Bank as to the loss to the Bank in ....loan account of............

This is a criminal offence and cheating by the borrower.  Whether Bank has proceeded against borrower and now what is his financial status and whom whom he is banking etc., are also important.

Whether the criminal complaint has nailed your role in the fraud or not is more important.

Whether Bank has continued the services and what should have been more prudent in such type of transaction is also important.