I am an ex employee of a nationalised bank till May 2009 where I was working as an officer.After putting in 31 years of meritorious and unblemished service,I was dismissed from the services at the fag end of my career on charges of committing fraud over a period of 3 years by misusing user ID and password of other employees.Amount involved is Rs15.00 lakhs.For almost 200 transactions,my ID and password appear.In 2013 bank came out with a new theory to protect some influential officials that 50% of amount involved is not fraudulent but procedural lapses.Bank has recovered substantial amount from some customers and some employees and estimated loss is considered as Rs.2.20 lakhs.Bank had also filed a criminal complaint against me as A2 on 10.06.2008.My appeal and review petition to the bank is rejected.My appeal for compassionate pension rejected.
On 1.02.2014,I have filed a WP in high court of Karnataka.No progress till date other than a notice issued by the court to the Respondents.In June 2013,I had claimed my terminal benefits and bank has released my own contribution of PF to the credit of my housing loan account.In 2014,Bank issued me a notice stating that why my Gratuity should not be forfeited as I am involved in ' moral turpitude'.I gave reply to the notice,bank did not consider any of my contentions,and through a order ,forfeited my Gratuity.This has happened in 2015
Now,I have gone through provisions of Gratuity Act section 4(6) and some articles I found in the Google which says as under
' The apprtopriate authority while ordering the forfieture or the competent authority who orders for dismissal etc should clearly in unambiguous terms record the reasons whether or not the gratuity to be forfieted.If the relevant orders simply say dismissed or terminated does not mean automatic forfeiture.In other words only as a result of speaking orders the forfeiture should take placethat too it should mention whether partial ,specify,10%,20%,50% etc or in full and as such cause of action should be supported by documentary evidences,proved/undergone conciliation procedures etc...."
I have also come to know through RTI Act that my user ID and passwords were misused whenever I was in training college to attend some training programme,when I was on 71 days leave for my BYPASS surgery and also even after my transfer to Gujarat State
In this connection,please guide me on following points
1. To whom I can appeal against the forfeiture of Gratuity
2. Whether it can be challenged in the existing WP pernding in the high court at a later stage
3.Is the action of Bnak in forfeiting the Gratuity is ' contempt of court' when WP was pending in the High Court challenging the illegal dismissal
The dismissal order dated 23.05.2009 does not say anything about forfeiture of gratuity
Please guide
G A KAMATH
