Dismissed from Punjab National Bank: Can I Still Claim My Gratuity?

I, Anand Dhawankar, joined Punjab National Bank on 15th Feb 1986 as a Clerk cum Cashier. Due to honesty, devotion, and hard work, I reached the level of MMG SL III in the year 2010.

While working at RPC Indore from July 2012 to Dec 2012, I was alleged to have committed serious lapses on my part, and I was served with the charge-sheet dated 03.06.2013 under regulation 6 of Punjab National Officer Employees (Discipline & Appeal) Regulations 1977. A regular departmental inquiry was conducted, which ended with the imposition of a major penalty of Dismissal, which shall ordinarily be a disqualification for future employment in terms of Regulation 4 (J) of Punjab National Officer Employees (Discipline & Appeal) Regulations, 1977.

My application for the payment of Gratuity was "declined by the competent authority" in writing on 26.03.2015. How can I get my Gratuity?

Your entitlement to gratuity is governed by the Payment of Gratuity Act. Firstly, what is the fate of challenging the dismissal order? The forfeiture of gratuity is governed by section 4(6)(a) and (b) of the Act. Have you caused any financial loss to the bank, or what charges have been proved against you? When was the dismissal order passed, and when did you send your application for payment of gratuity? These details are required to answer.

Thanks,
Sushil

Section 4 of the Payment of Gratuity Act lays down the conditions for the payment of gratuity. Subsection 6 of the same section states when gratuity can be restricted or not paid. Please check if you fall into this category. What was the charge on which you were found guilty?

Dear Sir,

In this case, if your penalty would have been "Removal from Service," you would be eligible for Gratuity. But since your penalty is "Dismissal from Service," you are not entitled to receive Gratuity.

Have you received your PF and pension, and only gratuity is declined? If you have received these, then only gratuity cannot be held in my view.

From the information given by the queriest, it is evident that no show cause notice was given to the queriest to forfeit the full gratuity. It is an essential requirement. The denial of gratuity is thus illegal. Besides, other information is sought from the queriest which is still awaited. Further, it is not that in all dismissal cases gratuity can be forfeited.

Thanks,
Sushil

If you are dismissed for any act, willful omission, or negligence causing any damages or loss to or destruction of property belonging to the bank, the gratuity can be forfeited to the extent of damages caused. Check if the charges fall under this category.