Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | in absence C of departmental enquiry or any proceedings u!Art. 351A UP Regulations Service Law: Pension and gratuity - Withholding of - Propriety |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Pension and gratuity - Withholding of - Propriety, in absence C of departmental enquiry or any proceedings u!Art. 351A, UP Regulations - Respondent, an Assistant Store Superintendent with the Irrigation Department of appellant-State - Discrepancies in the stock of the Departmental Store- Part of respondents pension and gratuity withheld on the ground of alleged misconduct committed D by him resulting in loss to the public exchequer - Recovery order quashed by High Court - On appeal, held: Admittedly, no departmental enquiry was initiated against the respondent for the misconduct, if any, nor any proceedings were drawn as provided in Art.351A - The document which was the basis of enquiry and was relied upon by the State authorities itself reflected that the document E showing discrepancy in the stock was dated about more than five months after the retirement of the respondent-Therefore, High Court ;ustified in quashing the recovery order - UP Civil Service Regulations - Art. 351A. Payment of Gratuity Act, 1972 - s. 7(3-A) - Interest on delayed F payment of gratuity not to be given if the delay is due to the fault of employee and the employer has obtained permission in writing, from the controlling authority, for the delayed payment on this ground - Held: On facts, appellants-employer had not sought any permission from controlling authority - Further, there was no delay on part of G employee as he made representations where after he filed a suit with respect to withheld amount of gratuity and pension - Direction given for payment of interest @ 6% p.a. on unpaid amount of pension and interest @ 8% p.a. on unpaid amount of gratuity. |
Judge | N/A |
Neutral Citation | 2016 INSC 1029 |
Petitioner | State Of Uttar Pradesh And Others |
Respondent | Dhirendra Pal Singh |
SCR | [2016] 9 S.C.R. 463 |
Judgement Date | 2016-11-15 |
Case Number | 10866 |
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