Background: 

In this case, one, Shri Jyotirmay Ray was the Appellant and Punjab National Bankwas the Respondent. The appellant was compulsorily retired as Sr. Manager and was denied the benefit of leave encashment, employer’s contribution of provident fund,gratuity and pension by the Punjab National Bank (hereinafter referred to as the“Bank”). On rejection of his representation by the authorities, a challenge was made by filing a writ petition before the Hon’ble High Court. The said writ petition was contestedby the Bank, taking the plea that due to irregularities in granting loans and cash credit facilities under the Credit Guarantee Fund Trust Scheme for Micro & Small Enterprises (for short “CGTMSE”) and otherwise in routine loans, loss was caused to the Bank.
Contributed by: SH AJAYA KUMAR SAMANTARAY, EX-CENTRAL LABOUR SERVICE (HAG)
 
JUDGMENT

2023 INSC 979                                                                                                                                                                                      REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.  6611 OF 2015

JYOTIRMAY RAY       

 …APPELLANT

Versus

THE FIELD GENERAL MANAGER,  PUNJAB NATIONAL BANK & ORS.        

...RESPONDENT(s)

J U D G M E N T

J.K. Maheshwari, J.

1. Appellant, who was compulsorily retired as Sr. Manager, was   denied   the   benefit   of   leave   encashment,   employer’s contribution   of   provident   fund,   gratuity   and   pension   by   the Punjab National Bank (hereinafter referred to as the “Bank”). On rejection of his representation by the authorities, a challenge was made by filing a writ petition before the High Court. The said writ petition was contested by the Bank, taking the plea that due to irregularities in granting loans and cash credit facilities under the Credit   Guarantee   Fund   Trust   Scheme   for   Micro   &  Small Enterprises (for short “CGTMSE”) and otherwise in routine loans, loss was caused to the Bank. 

2. The background facts were that earlier, the appellant was charge­sheeted   on   16.10.2009   and   also   served   with   a supplementary   chargesheet   on   20.11.2009.   On   submitting   of reply by the appellant, departmental enquiry was conducted and the   enquiry   report   dated   11.01.2010   was   submitted   to   the disciplinary authority who found him guilty and vide order dated 29.01.2010, penalty of compulsory retirement was inflicted.  The appeal filed by the appellant was also dismissed by appellate authority on 28.07.2010.  

3. The appellant by filing the writ petition did not challenge the order of compulsory retirement and only claimed the terminal benefits   i.e.,   leave   encashment,   employer’s   contribution   of provident fund, gratuity and pension. In the meantime, the review filed by the appellant  before the appellate  authority  was also dismissed on 06.01.2011. During pendency of the writ petition, the   Board   of   Directors   of   the   Bank   vide   resolution   dated 20.12.2010 refused to give employer’s contribution of provident fund to the tune of Rs. 8,80,085/­ to the appellant.   Learned  Single Judge vide order dated 03.04.2012 allowed the said writ petition in part and directed the Bank to release the employer’s contribution of the provident fund as well as gratuity with interest @ 8.5% p.a. and leave encashment in terms of Regulation 38 of the Punjab National Bank (Officers’) Service Regulations, 1979 (for short “1979 Regulations”). It was also clarified that the dues be calculated from the date of compulsory retirement and be released   within   a   period   of   eight   weeks   from   the   date   of communication.     Learned   Single   Judge   denied   the   benefit   of pension because the appellant was not an in­service candidate when   the   scheme   for   shifting   to   the   pension   regime   became operational.

4. On filing the Special Appeal by the Bank, the Division Bench allowed the same in part maintaining the order of grant of leave encashment, but set­aside the grant of provident fund (Bank’s contribution) and gratuity on the pretext that by an act of the appellant, loss has been caused to the Bank.  

5. In view of the foregoing facts, grant of leave encashment to appellant is no more res integra. The appellant is not challenging  the refusal to grant pension as he was not an in­service candidate at the time of change of scheme. The only question that falls for consideration is whether the denial of employer’s contribution of Provident Fund and non­payment of gratuity to appellant because of   the   order   of   compulsory   retirement,   as   directed   by   the impugned order, is justified or not?

6. Mr.   Irshad   Ahmad,   learned   counsel   appearing   for   the appellant contends that Rule 13 of the Punjab National Bank Employees’   Provident  Fund   Trust   Rules   (for   short   “P.F.   Trust Rules”) gives first lien to the Bank on the contributions made by it to recover any loss, damages and liabilities which the Bank may at any time sustain or incur by reasons of any dishonest act, deed   or   omission   or   gross   misconduct   by   a   member   of   the provident fund. It is submitted that in the main chargesheet or in the supplementary chargesheet, it is not alleged that due to grant of loan under the scheme or in other loans, any loss has been caused to the Bank. In the report of enquiry, finding of loss having been caused to the Bank has not been recorded. Learned counsel contends that the Board of Directors unilaterally passed a resolution which has rightly been interfered with by the learned Single Judge. 

7. Learned   counsel   contends   that   while   reversing   those findings, the Division Bench has not assigned any cogent reason or even discussed the issue. It is also submitted that the Punjab National Bank, Personnel Division, Head Office, New Delhi issued Circular No. 1563 on 16/01/1997 having due reference to the provisions   of   the   Payment   of   Gratuity   Act,   1972   (for   short “Gratuity   Act”)   and   payment   under   the   1979   Regulations. Explanation to clause 14(1)(a) of the said circular makes it clear that the gratuity is payable on termination of service to an officer on completion of at least 10 years of service. It is clarified that the said   termination   should   not   be   by   way   of   punishment   as dismissal or removal. Learned Single Judge has rightly observed that Regulation 4 of the Punjab National Bank Officer Employees’ (Discipline   and   Appeal)   Regulations   1977   (for   short   “1977 Regulations”) makes it clear that a dismissal of an employee shall ordinarily be a disqualification for future employment whereas removal from service shall not be a disqualification for future employment. It is also stated that no aggravating circumstance of causing loss by appellant or finding as to loss being caused has been recorded in the enquiry. There was no quantification of loss or damage. It is urged that on inflicting a penalty of compulsory retirement after enquiry, ipso facto would not result in forfeiture of the gratuity as directed by the impugned order. Even otherwise the forfeiture of gratuity affects the civil right of an employee having adverse consequence which cannot be directed in violation of the principles of natural justice.

8. Per contra, Mr. Rajesh Kumar Gautam, learned counsel for the respondent Bank argued in support of the findings recorded in   the   impugned   order   passed   by   the   Division   Bench   and contends that the normal retirement of an employee cannot be equated with compulsory retirement inflicted by way of penalty. Therefore,   gratuity  and   Bank’s  contribution   towards  provident fund   have   rightly   been   withheld   by   the   order   impugned.   In support of his contention, reliance has been placed on the Full Bench judgment of the Punjab & Haryana High Court in LPA No. 566   of   2012   titled  UCO   Bank   and   others   vs.   Anju   Mathur decided on 07.03.2013. It is urged that the said judgment was cited and relied upon by the High Court of Delhi in B.R. Sharma  vs. Syndicate Bank and others, 2015 SCC Online Del 13989. Learned counsel has also placed reliance on the judgment of this Court in  Canara   Bank   and   another   vs.   Lalit   Popli   (Dead) through Legal Representatives (2018) 11 SCC 87. 

9. We have heard learned counsel for the parties at length. The issue of payment of  provident fund (Bank’s contribution)  and payment of gratuity and its forfeiture are required to be analysed with   reference   to   the   relevant   provisions   of   the   Act,   Rules, Regulations and the circulars issued by the Bank from time to time. They are being considered in the subsequent sub­headings and the paragraphs.  

GRANT   OF   PROVIDENT   FUND   AND   WHEN   IT   CAN   BE     FORFEITED:

10. Chapter   IX   of   1979   Regulations   deals   with   the   terminal benefits.   As per Regulation 45(1), every officer shall become a member of the Provident Fund constituted by the Bank and shall be bound by the Rules governing such fund.  The Rules governing such fund are known as P.F. Trust Rules. As per Rule 2 of the Trust Rules, the contribution of the employee and employer shall be deposited in the provident fund trust account, which shall be a 7 contributory   provident   fund.   Rules   13   and   14   whereof   are relevant for the purpose of this case and are reproduced as thus:

“13. The   Bank   shall   have   first   lien   on   the contributions made by it to the individual account of any   member   together   with   interest   thereon   or accretions thereto, to recover any loss, damages and liabilities which the Bank may at any time sustain or incur   by   reasons   of   any   dishonest   act,   deed   or omission or gross misconduct of or by such member.

14. In case where the Bank shall have first lien as provided in Rule No. 13 above, the Trustees shall on receipt of the resolution passed by the Bank’s Board   of   Directors   pay   to   the   Bank   out   of   such member’s   individual   account   in   the   Fund,   such portion   thereof   not   exceeding   the   Bank’s contribution   to   it,   as   the   Board   might   ask   the Trustees to pay, and the receipt of the Bank for any payment so made, shall be complete discharge to the Trustees.   In   the   event   of   any   such   payment,   the remaining   amount   out   of   the   Provident   Fund balance shall be paid to him. The recovery of such losses by the Bank shall be limited to the extent of such financial loss only.”  On perusal, it is clear that the Bank shall have first lien on the contributions made by it to the individual account of any member together with interest thereon or accretions thereto, to recover any loss, damages and liabilities, sustained any time by the Bank or incurred by reasons of any dishonest act, deed or omission or gross misconduct of the member.  It is further apparent that the 8 Board of Directors shall pass an order to pay the contribution of the Bank which is in the account of fund to the Bank to the extent of recovery of the loss, damages and liabilities.

11. Let us apply the said Rules to the facts of the present case in the context of the allegations made in the chargesheet dated 16.10.2009 and supplementary chargesheet dated 20.11.2009 to consider the position that emerges. 

12. It was alleged that while granting the loans or extending cash   credit   facilities   under   the   CGTMSE   or   otherwise,   due diligence of the procedure was not followed by the appellant. In the charge­sheet, it is not alleged that by such an act, the Bank has suffered loss nor has the quantification of the amount of loss been done. In the report of enquiry, finding about loss being caused  or   quantification   of  the   amount  of   loss  has   not   been recorded.   The   contribution   of   Bank   to   provident   fund   was forfeited as per resolution  dated 20/12/2010 of the Board of Directors   based   on   the   communication   dated   19/11/2010   as referred by the learned Single Judge.  The said resolution refers that the Bank has suffered a loss of Rs. 77.59 lakhs by an act of the appellant for which the penalty of compulsory retirement has 9 been   directed.   However,   the   recommendations   were   made   for appropriation of the Bank’s contribution of provident fund to the tune of Rs. 8,80,085/­ and it was withheld from the provident fund account of the appellant. By filing this appeal, the appellant has averred and produced the report of the internal auditor dated 27/7/2009 (Annexure P­1). The said report was of the prior date, from the date of issuance of the chargesheet. However, relying on the said report, it is submitted that no loss has been caused to the Bank. It is contended that nothing is alleged towards loss in the chargesheet.

13. In the counter affidavit to this appeal, it is stated that the Report (Annexure P­1) was not part of the record of the writ petition before the High Court and without an application to take the additional evidence on record, it cannot be read by this Court. On perusal of the averments of the counter affidavit, the existence of   the   report  (Annexure   P­1)  has   not   been   denied   by   the respondents. In the finding of the enquiry report, quantification of the loss caused is not recorded. The resolution of the Board of Directors dated 20/12/2010 is subsequent to the order of penalty of compulsory retirement. Thus, prior to the chargesheet as per 10 report of the internal auditor, loss has not been reported to the Bank. Presumably, it appears to us, for the said reasons in the chargesheet, allegations causing loss and quantifying the amount of loss have not been specified. The Board of Directors on the basis of information unilaterally passed the resolution alleging loss of   Rs. 77.59 lakhs. Prior to passing the resolution, notice asking   response   and   opportunity   was   not   afforded   to   the appellant. In the facts as discussed, the unilateral report cannot be relied upon by the Board of Directors to deny the benefit of payment of employer’s contribution of provident fund. In this view of the matter, learned Single Judge was right in observing that the Board of Directors has not afforded an opportunity to the appellant on the issue of causing loss or damage to the Bank, prior  to   the   passing   of  the   resolution   of   appropriation   of  the contribution of the Bank from the provident fund account of the appellant.   Moreover,   in   the   absence   of   any   allegation   in   the chargesheet about the quantifiable amount of loss, the argument as advanced by respondents is bereft of any merit. In view of the above discussions, the findings recorded by learned Single Judge with regard to payment of Bank’s contribution of provident fund 11 is equitable, just and is liable to be upheld, setting aside the findings of the Division Bench.  

PAYMENT OF GRATUITY AND WHEN IT CAN BE WITHHELD:

14. Regulation 46 of Chapter IX of 1979 Regulations deals with gratuity.     The   relevant   extract   of   the   said   Regulation   is reproduced as thus:

“46.  Gratuity:

46.(1) Every officer shall be eligible for gratuity on:

a) retirement

b) death

c) disablement rendering him unfit for further service as certified by a medical officer approved by the Bank

d) resignation after completing ten years of continuous service; or

e) termination of service in any other way except by way of punishment after completion of 10 years of service. 

15. In view of the above, an officer of the Bank shall be eligible for gratuity on retirement; death; disablement rendering him unfit as   certified   by   an   approved   medical   officer;   resignation   after completion of 10 years of continuous service or termination of service after completion of 10 years except in a case if such termination   is   by   way   of   punishment.     However,   the   said Regulations   are   silent   on   the   contingency   as   to   what   would 12 happen   if   an   officer   is   met   with   a   penalty   of   compulsory retirement.   

16. Further   if   we   look   at   Section   4   of   the   Gratuity   Act,   it elucidates the conditions of payment of gratuity to an employee on termination of his services. In particular, sub­section (6) of Section 4 highlights the conditions when gratuity can be withheld to an employee on his termination.

The relevant portion has been reproduced as under:

(6) Notwithstanding anything contained in subsection (1)­ 

(a) the gratuity of an employee, whose services have been   terminated   for   any   act,   wilful   omission   or negligence   causing   any   damage   or   loss   to,   or destruction of, property belonging to the employer shall be forfeited to the extent of the damage or loss so caused;

(b)   the   gratuity   payable   to   an   employee   shall   be wholly forfeited­

(i)   if   the   services   of   such   employee   have   been terminated for his riotous or disorderly conduct or any other act of violence on his part, or (ii)   if   the   services   of   such   employee   have   been terminated for any act which constitutes an offence involving   moral   turpitude,  provided   that   such offence is committed by him in the course of his employment.

17. The provisions of Gratuity Act make it clear that forfeiture of gratuity   may   be  directed  to   the   extent   of   damage   or   loss   so 13 caused or destruction of property belonging to employer. In twin situations where the termination is due to riotous or disorderly conduct   or   involvement of   the   employee   in   a   criminal   case involving moral turpitude, the gratuity shall be wholly forfeited. 

18. This Court in the case of Y.K. Singla vs. Punjab National Bank and others (2013) 3 SCC 472, while considering the issue of interest on the late payment of gratuity to a retired employee of Punjab National Bank held that the payment of Gratuity Act will override   the   Punjab   National   Bank   (Employees’)   Pension Regulations, 1995 (for short “1995 Pension Regulations”).  While dealing with the issue of recovery from gratuity under Regulation 46 or withholding of pension under Regulation 46(2) of the said Regulations, this Court in paragraph 22, after referring to Section 14 of the Gratuity Act, has held as under: “22.     In   order   to   determine   which   of   the   two provisions   (the Gratuity   Act,   or   the  1995 Regulations) would be applicable for determining the claim of the appellant, it is also essential to refer to Section   14 of   the   Gratuity   Act,  which  is   being extracted hereunder:­ “14.  Act  to  override  other  enactments, etc. – The provisions of this Act or any rule made   thereunder   shall   have   effect notwithstanding   anything   inconsistent 14 therewith   contained   in   any   enactment other than this Act or in any instrument or contract   having   effect   by   virtue   of   any enactment other than this Act.”  (emphasis supplied)  A perusal of Section 14 leaves no room for any doubt that   a   superior   status   has   been   vested   in   the provisions   of   the Gratuity   Act  vis­à­vis   any   other enactment   (including   any   other   instrument   or contract) inconsistent therewith. Therefore, insofar as   the   entitlement   of   an   employee   to   gratuity   is concerned,   it   is   apparent   that   in   cases   where gratuity of an employee is not regulated under the provisions of the Gratuity Act, the legislature having vested superiority to the provisions of the Gratuity Act over all other provisions/enactments (including any instrument or contract having the force of law), the provisions of the Gratuity Act cannot be ignored. The term “instrument” and the phrase “instrument or   contract   having   the   force   of   law”   shall   most definitely   be   deemed   to   include   the   1995 Regulations, which regulate the payment of gratuity to the appellant.”

19. In view of the above, it is apparent that the provisions of the Gratuity   Act   have   superiority   over   all   other   provisions   of Regulations.  

20. The Bank harmonizing the provisions of Regulation 46 of 1979 Regulations and the Gratuity Act issued Circular No. 1563 on   16.01.1997  through   its   personnel   division.   Therein harmonizing the Regulations with the provisions of the Gratuity 15 Act and in clauses 8 and 14 of the Circular, the instances as to when   gratuity   could   be   forfeited,   have   been   specified.  

Those clauses are relevant and have been reproduced as under: 

“8.   FORFEITURE OF GRATUITY UNDER ACT

The gratuity payable under the payment of gratuity act,   is   liable   to   full   or   partial   forfeiture   under different circumstances. Section 4(1) of payment of gratuity act deals to payment of gratuity whereas section   4(6)   of   the   act   deals   with   forfeiture   of gratuity. Section 4(1) reads as under:

Gratuity  shall  be   payable   to   an   employee   on   the termination of his employment after he has rendered continuous service for not less than five Years,

a. On his superannuation, or

b. On his retirement or resignation, or c. On his death or disablement due to accident or disease. Provided that the completion of continuous service of five   years   shall   not   be   necessary   where   the termination of the employment of any employee is due to death or disablement. Section 4(6) provides as under:

"Notwithstanding anything contained in subsection (1)

a. The gratuity of an employee, whose services have been   terminated   for   any   act,   wilful   omission   or negligence   causing   any   damage   or   loss   to,   or destruction of, property belonging to the employee, shall be forfeited to the extent of the damage or loss so caused:

b.   The   gratuity   payable   to   an   employee   may   be wholly or partially forfeited.

I)   If   the   services   of   such   employee   have   been terminated for his riotous or disorderly conduct or any other act of violence on his part, or 

II)   If   the   services   of   such   employee   have   been terminated for any act which constitutes an offence involving   moral   turpitude,   provided   that   such offence is committed by him in the course of his employment.

 

14. PAYMENT UNDER OFFICERS SERVICE REGULATIONS

Rules relating to payment of gratuity of officers staff have been laid down  under Regulation 46 of PNB Officers   Service   Regulations,   1979   which   is   as under:­

(I) Every officer shall be eligible for gratuity on:

(a) Retirement,  (b) death  (c) disablement rendering him unfit for further service as certified by a medical officer approved by the bank, or  (d) resignation after completing   ten   years   of   continuous   service   or termination of service in any other way except by way of punishment after completion of 10 years of service.

Explanation: We have to clarify that gratuity may be paid in case of termination of service, subject to the condition that the officers has put in at least 10 years of service with the bank and provided that the termination is not by way of dismissal or removal from service as punishment.

(II) The amount of gratuity payable to an officer shall be   one   month's   pay   for   every   completed   year   of service, subject to a maximum of 15 months’ pay. Provided that where an officer has completed more than 30 years of service, he shall be eligible by way of gratuity for an additional amount at the rate of one half of month pay for each completed year of service beyond thirty years.  Pay for the purpose of gratuity in case of officer shall mean basic pay only. While calculating gratuity, that part of PQA & FPA drawn by an officer, which rank for superannuation benefit, shall also be taken into account.

Note:  If   the   fraction   of   service   beyond   completed years of service is six months or more, gratuity will 17 be paid pro­rata for the period. In this connection, we have to clarify that for the purpose of calculating gratuity,   the   number   of   days,   beyond   6   months period is also to be taken into account. On a combined reading of the provisions of the Gratuity Act, 1979 Regulations and the circular, it becomes clear that the gratuity shall   become  payable  to   every   officer   on  retirement,   death, disablement or on resignation except in a case of termination of service in any other way, by way of punishment after completion of 10 years of continuous service. 

21. At this stage, it is relevant to refer to the provisions of 1977 Regulations.  Regulation 4 of the said Regulations specifies major penalties: ­  “Major penalties : 

(f)   ……..

(g)  ……..

(h) Compulsory retirement; 

(i) Removal from service which shall not be a disqualification for future employment; 

(j) Dismissal which shall ordinarily be a disqualification for future employment. ”     

The   explanation   to   Regulation   4   under   the   heading   “Major Penalties” specifies some of the situations which shall not amount to   penalty   within   the   meaning   of   this   Regulation.   As   those conditions are not relevant for the present case, they are not being referred to.   

22. Under Regulation 4 of the 1977 Regulations, the compulsory retirement of an officer is a major penalty. The explanation as given in clause 14(1)(a) of the said Circular clarifies that in case of termination after at least 10 years of service in the Bank, if such termination is not by way of punishment as dismissal or removal, the gratuity may be paid.  In the said explanation, the denial of gratuity to an employee, who is inflicted with the major penalty of compulsory   retirement,   has   not   been   included.   Therefore,   the gratuity is payable to the appellant under the 1979 Regulations in terms   of   the   explanation   under   the   said   Circular.     Even otherwise, if we see the provisions of the Gratuity Act, gratuity can   be   withheld   in   case   of   damages   or   loss   so   caused   or destruction of property belonging to the employer or otherwise where the termination of service is due to riotous or disorderly conduct or due to criminal case involving moral turpitude. 

23. The facts of the case at hand are not a case of riotous behaviour of appellant or his involvement in any criminal case. As   discussed   hereinabove,   while   dealing   with   the   issue   of forfeiture   of   employers’   contribution   of   provident   fund   in   the enquiry report, no finding regarding causing loss to the bank or on quantification of the amount of loss has been recorded.

24. While   passing   an   order   of   withholding   of   gratuity, opportunity of hearing has not been afforded to the appellant.  In this regard, the judgment of the Full Bench of Punjab & Haryana High Court in  UCO  Bank  (supra) is relevant, wherein the Full Bench has duly considered the issue of forfeiture of gratuity and the   relevant   paras   of   the   said   judgement   are   reproduced   as under: 

“22.  ……. No doubt, in the charge­sheet as many as 24 accounts are mentioned where the respondent had given loans or  other  financial accommodation either   beyond   her   powers   or   without   obtaining proper   securities.   That   would   show   that   certain accounts   were   overdrawn.   Even   the   operation   of these   accounts   was   not   satisfactory.   However, whether the appellant­Bank ultimately suffered loss and what was the actual loss is not reflected. No doubt,   the   irregularities   committed   by   the respondent   may   have   exposed   the   Bank   to   such losses. However, that is entirely different from loss having been actually suffered by the bank. Even if some accounts became bad and the Bank had to file 20 suits for recovery concerning those accounts against the defaulting parties, that would not automatically lead   to   the   conclusion   that   the   loss/damage   has been suffered. It is possible that Bank is able to recover   full  money in those  proceedings.   Whether that happened in fact or not and whether loss is actually suffered or not is not discernible from either the charge­sheet or the enquiry report.

23.   It is for this reason that it was incumbent upon the appellant­Bank to mention specifically about the actual loss having been suffered, if it suffered, in the show cause notice itself with particulars of that loss in order to enable the respondent to meet the same. That  has   not   been   done   even   in   the   final   order. Though the figure of 4 crores is given, in the final order,   even   that   is   not   substantiated   by   giving particulars thereof. We are, therefore, of the opinion that   the   show   cause   notice   or   the   final   orders passed, forfeiting the gratuity, do not meet the legal requirements and have to be set aside.”

25. In the facts of the present case, the said judgement squarely applies looking to the situation wherein the quantification of loss has not been proved in the enquiry.   Even otherwise, prior to passing of an order of forfeiture of gratuity, opportunity of hearing has not been afforded to the appellant.  We acknowledge the view taken by the Full Bench in the said judgment and reaffirm the same. [

26. The counsel for appellant also relied upon the judgement of B.R.  Sharma  (supra),   in   which   the   riotous  behaviour  of   the employee was found proved. However, the said judgment does not 21 apply in the facts of the present case.  Similarly, reliance was also placed on the case of Canara Bank  (supra) wherein as per the Regulations of the Canara Bank, the withholding of the amount of gratuity to the extent of loss caused was permissible.  In the facts of the present case and contents of Regulations and Circular of the   Bank,   the   said   judgment   being   distinguishable,   has   no application. The learned Single Judge has correctly observed that as   per   the   1977   Regulations,   compulsory   retirement;   removal from   service   which   shall   not   be   a   disqualification   for   future employment   and   dismissal   which   shall   ordinarily  be   a disqualification for future employment are distinct and separate punishments. The act of forfeiture of gratuity is not envisaged in the present case as the provisions are silent on the aspect of forfeiture in case of compulsory retirement. As per Circular No. 1563 dated 16.01.1997 of the Bank, in our view, the Division Bench   erred   in   reversing   the   judgment   of   the   learned   Single Judge.  

27. Therefore, taking a wholistic view of the 1977 Regulations, 1979 Regulations, Circular dated 16.01.1997 and the facts on record, we are of the view that the present civil appeal deserves to 22 be allowed. We affirm the findings of the learned Single Judge and set­aside the judgement rendered by the Division Bench.   The appeal is allowed. No order as to costs. ……...............................J.                                              

        (J.K. MAHESHWARI)  

(K.V. VISWANATHAN)

NEW DELHI;

NOVEMBER 06, 2023.