1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.7328/2002. : : Jhalawar Central Co-operative Bank Ltd. Vs. Gordhan Lal Sharma & Ors. : : Date of Order 6.4.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Vikrant Gupta for the petitioner. Mr. Sumit Khandelwal for Mr.Kunal Rawat for the respondent. Heard learned counsel for the parties. 2. This writ petition has been filed against the order dated 28.3.2000 passed by Prescribed Authority under the Payment of Gratuity Act and the order dated 28.8.2002 by which appeal filed by petitioner against that order was dismissed by Appellate Authority under Payment of Gratuity Act, Jaipur. 3. Learned counsel for the petitioner has argued that learned Prescribed Authority as well as the Appellate Authority have both failed to appreciate that gratuity amount 2 of the respondent was forfeited by specific order of District Collector dated 20.5.1999, who in his capacity as Administrator of the Bank and the consequential order passed by Managing Director on 22.5.1999. In the face of this, petitioner could not be, by the impugned order, required to pay the amount of gratuity to respondent. It was contended that even though the respondent was exonerated by Enquiry Officer, but eventually that was not agreed to by Administrator, who by his order dated 20.5.1999 directed that amount of Rs.1,00,000/- be withheld from gratuity of respondent. Unless that order was specifically challenged before any Court, the Prescribed Authority had no legal competence to require the petitioner to pay the gratuity to respondent. 4. Learned counsel for the respondents opposed the writ petition and submitted that enquiry against the petitioner was held not only once but also twice and on both occasions Enquiry Officer exonerated him on the charges. The question with regard to validity of order dated 22.5.1999 passed by Managing Director, which was passed in compliance of order of Collector dated 20.5.1999, was gone into and examined by Prescribed Authority and it was found that no notice or any 3 opportunity of hearing was provided to respondents prior to passing of any of the orders. Learned counsel also submitted that not only respondent was exonerated in the departmental enquiry, but also in proceedings under Section 74 (1) of Rajasthan Cooperative Society Act, 1965, the recovery order passed was solely against one Laxmi Narain Dadhich and the respondent were completely exonerated from their liability. In the face of it, the Prescribed Authority as well as the Appellate Authority were justified in requiring the petitioner to pay the amount of gratuity. 5. Having heard learned counsel for the parties and perused the material on record, I find that question with regard to correctness of the order dated 22.5.1999, which was passed in compliance with order of Collector dated 20.5.1999, was very much agitated before the Prescribed Authority who has held that neither any notice nor any opportunity of hearing was provided to him. Petitioner-bank is seeking to challenge validity of said order but without showing that any notice or opportunity was provided to respondent before passing aforesaid order. This was necessary because the District Collector in his capacity differed with findings recorded by Enquiry Officer in which 4 the respondent was exonerated by charges. The Enquiry Officer held the disciplinary enquiry under Rule 16 of Rajasthan Civil Service (CCA) Rules, 1958 not once but twice an d on both the occasions, the respondent was exonerated. Additionally the respondent was also not found responsible for alleged financial irregularities in the recovery proceedings under Section 74 of Rajasthan Cooperative Societies Act in which one Laxmi Narain Dadhich was solely found responsible for such financial irregularities and in which the order of recovery was passed against him. Even correctness of that finding has also not been contested by petitioner. In view of above, I do not find any merit in the writ petition, which is accordingly dismissed. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.56.