Whether terminal benefits of a bank employee can be witheld
I was working with state Bank of India as a special Assistant in clerical cadre. I was suspended from banks service due to alleged irregularities in financial transactions. Date of suspension was 21.04.2018. Entire amount of alleged irregular financial transactions was recovered from me. Part amount was recovered in April 2018 before suspension and remaining amount in Sept 2018. Subsequently FIR was lodged against me u/s 408, 409, 420 of IPC on 30.10.2018. The charge sheet in the case is yet to be filed as on today.
In the mean time bank issued me a charge sheet in August 2019 and initiated departmental enquiry. Final Order of punnishment was passed by the disciplinary authority making me guilty of charges levied on me by the bank . The punnishment is to make me retired compulsorily bank's service with all superannuation benefits including pension without any disqualification for further employment. The order was passed on 30.08.2020. Now 13 months have passed, however my terminal benefits have not been settled yet. I have received nothing in writing from the bank, however, oral information gathered says that they unable to settle the dues due FIR filed in October 2018, in which charge sheet is not filed as on today. I would like to know whether my terminal benefits can be withheld by the bank due to pendency of criminal case in which charge sheet is yet to be filed by investigating agency, i.e. police.