High Court Kerala High Court

S.Surendranath vs Kerala State Housing Board on 10 February, 2009

Kerala High Court
S.Surendranath vs Kerala State Housing Board on 10 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23714 of 2008(W)


1. S.SURENDRANATH, RETIRED ACCOUNTS
                      ...  Petitioner

                        Vs



1. KERALA STATE HOUSING BOARD,
                       ...       Respondent

2. THE VIGILANCE AND ANTI CORRUPTION BUREAU

                For Petitioner  :SRI.P.RAMAKRISHNAN

                For Respondent  :SRI.A.JAYASANKAR, SC KSHB, TVM

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :10/02/2009

 O R D E R
               T.R.RAMACHANDRAN NAIR,J.
                       -------------------------
                  W.P ( C) No.23714 of 2009
                      --------------------------
             Dated this the 10th February,2009

                         J U D G M E N T

This writ petition is filed by the petitioner seeking

for quashing Exhibit-P3 and for a direction to the 1st

respondent to disburse the full pension and all retiral

benefits including DCRG and commuted value of pension.

Petitioner was an employee of the Kerala State Housing

Board and he retired from service on 30.6.2005. On the

basis of certain allegations against him, petitioner was

suspended from service on 28.3.2005. Exhibit-P1 is the

memo of charges which was issued based on the

allegations contained in the suspension order. Petitioner

was served with Exhibit-P2 show cause notice issued by

the Secretary of the Housing Board. Thereafter, by order

dated 24.6.2005, the suspension was revoked and finally

he retired from service on 30.6.2005. Contending that

the respondents are not disbursing the due retiral

benefits, this writ petition has been moved.

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2. In the counter affidavit filed on behalf of the 2nd

respondent, it is submitted that a vigilance enquiry in

VE/18/05/IDK is being conducted against the petitioner

who was the former Accounts Officer and some other

employees also. There are various allegations against the

parties concerned.

3. Learned Government Pleader, on instructions,

submits that at least nine months time is required to

complete the investigation and to finalise the proceedings

against the petitioner.

4. Petitioner is now receiving only the provisional

pension. The question is whether the payment of

retirement benefits could be postponed like anything

merely because of the pendency of the investigation. May

be the investigation is a time consuming process and

requires employment of sufficient investigating officers to

find out the truth of the allegations.

5. Even though nine months’ time has been sought,

I think in the interest of justice, the respondents can be

granted six months’ time from today to complete the

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investigation against the petitioner and finalise the

liability, if any, in the matter also.

6. Accordingly, the writ petition is disposed of

directing the 2nd respondent to complete the investigation

within a period of six months from today. Depending upon

the outcome of the same, appropriate action will be taken

by the 1st respondent to disburse the retirement benefits.

No costs.

(T.R.RAMACHANDRAN NAIR,
JUDGE)
ma

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