LAW FOR ALL

whether is it permissible in law for the appellant (employer) to withhold the payment of gratuity of the respondent (employee), even after his superannuation from service, because of the pendency of the disciplinary proceedings against him?, and (ii) where the departmental enquiry had been instituted against an employee while he was in service and continued after he attained the age of superannuation, whether the punishment of dismissal can be 1 imposed on being found guilty of misconduct in view of the provisions made in Rule 34.2 of the CDA Rules of 1978?