Rule 34 of CDA and Payment of Gratuity Act – Departmental enquiry – holding of Gratuity of a retired person – Since there is a conflict in opinion of three Bench judgment of this Court which is later in point of time. State Bank of India vs. Ram lal Bhaskar and Anr. 2011(10)SCC249. and the judgement of Jaswant Singh Gill vs. Bharat Coking Coal Ltd. & Ors. (2007) 1 SCC 663. matter referred to larger bench – Referred to larger Bench = = Ch. cum Man. Director Mahanadi Coalfield Ltd. ………..Appellant Versus Rabindranath Choubey ……..Respondent = http://judis.nic.in/supremecourt/filename=40916

This seems to be a proper decision.

Rule 34 of CDA and Payment of Gratuity Act – Departmental enquiry – holding of Gratuity of a

retired person – Since there is a conflict in opinion of three Bench judgment of this Court which is later in point of time. State Bank of India vs. Ram lal Bhaskar and Anr. 2011(10)SCC249. and the judgement of Jaswant Singh Gill vs. Bharat Coking Coal Ltd. & Ors. (2007) 1 SCC 663. matter referred to larger bench – Referred to larger Bench =

whether it is permissible in law for the appellant to withhold the payment of gratuity to the respondent, even after his superannuation from service, because of the pendency of disciplinary proceedings against him.-

whether gratuity can be withheld in the wake of Rule 34 of CDA Rules when examined in juxtaposition with the provisions of the Gratuity Act.

The Division

Bench of the High Court has held…

View original post 5,484 more words