1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.302 OF 2008 Maharashtra Agro Industries Development Corporation Ltd. ..Petitioner. V/s. Mr.Dhairyasheel A. Jadhav & Anr...Respondents. Ms.Anjali Purav for petitioner. Mr.R.M.Joshi for respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 11, 2008. DATE : FEBRUARY 11, 2008. DATE : FEBRUARY 11, 2008. P.C. : P.C. : P.C. : 1. The only question that needs to be addressed in this Petition is whether the Petitioner can withhold the gratuity amount payable to the Respondent notwithstanding the fact that the Respondent has retired on attaining superannuation, merely because there is pending departmental action against the Respondent-which has been commenced after retirement of Respondent. 2. The principal reason for detaining the amount payable to the Respondent towards gratuity, indicated by the Petitioner, is that, if the amount is paid and in the departmental action, if the Respondent was to be found guilty and one of the punishment to be 2 imposed on the Respondent was to recover the losses caused to the Petitioner corporation on account of the act of omission or commission of the Respondent, it would be difficult to recover the amount once paid to the Respondent. 3. In so far as this apprehension of the Petitioner is concerned, that can be taken care of on the basis of the assurance given by the Respondent that he would withdraw the amount receivable by him towards gratuity and interest accrued thereon, subject to furnishing bank guarantee for the commensurate amount, so that in future if the Respondent is required to compensate the Petitioner to the extent of the amount so withdrawn, the Bank Guarantee can be invoked against the Respondent. This arrangement will meet the ends of justice. 4. In the circumstances, it is ordered that the Respondent will be entitled to withdraw the amount towards gratuity and interest accrued thereon, if any, on furnishing Bank Guarantee of a Nationalised Bank in favour of the Petitioner for commensurate amount and that Bank Guarantee shall be kept alive till the departmental proceedings are finally concluded, one way or the other. 3 5. Withdrawal of the Gratuity amount and the interest accrued thereon by the Respondent will be therefore, subject to the outcome of the departmental action pending against the Respondent, which position is fairly accepted by the Respondent before this Court. 6. The Respondent is present in person and has instructed his advocate to make the above statement, as recorded earlier. 7. Petition disposed off on the above terms. Questions raised in the Petition are left open. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)