IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33529 of 2008(N)
1. M.GANGADHARAN, VILLEGEMAN (RETD)
... Petitioner
Vs
1. TAHASILDHAR, KASARGODE.
... Respondent
2. DISTRICT COLLECTOR, KASARGODE.
3. THE ACCOUNTANT GENERAL (ASE)
4. STATE OF KERALA,REPRESENTED BY ITS
For Petitioner :SRI.S.MUHAMMED HANEEFF
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :12/02/2009
O R D E R
T.R.RAMACHANDRAN NAIR, J
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W.P.(C) No. 33529 of 2008
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Dated this the 12th day of February, 2009
JUDGMENT
The petitioner retired from service as Villageman on
31.1.1996. His terminal benefits including provident fund and
leave surrender has not been sanctioned for the reason that a
vigilance case is pending against him. The case is one alleging
the issuance of a bogus patta. The Court of Enquiry
Commissioner & Special Judge convicted him and sentenced
him. Aggrieved by the conviction and sentence, he has filed
Criminal Appeal No.1385 of 2005 before this Hon’ble Court and
it is still pending.
2. The petitioner is seeking for a direction to the fourth
respondent to sanction and disburse the DCRG due to the
petitioner. The learned counsel appearing for the petitioner
relied upon a decision of this Court reported in Aravindaksha
Panicker Vs. Accountant General 2007 (4) KLT 1031 to
contend for the position that mainly because of the conviction,
the DCRG need not be withheld. He is also relying upon the
Ext.P2 judgment in W.P.(C) No. 13998 of 2006. In the above
judgment, this Court was pleased to direct the respondents to
wpc:33529 of 2008
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disburse the DCRG to the petitioner on his executing a bond in
terms of Ruling No.1 of Rule 116 of Part III of KSR. In the
judgment W.P.(C) No.13998 of 2006 dated 25.6.2008 a similar
direction was issued by this Court.
3. Therefore, the writ petition is disposed of directing the
fourth respondent to take steps to see that DCRG due to the
petitioner is sanctioned and disbursed within a period of three
months from the date of receipt of a copy of this judgment. This
shall be on condition that the petitioner executes a bond in
terms of Ruling No.1 of Rule 116 of Part III of KSR. This will be
without prejudice to the right of the Government to take
appropriate action in accordance with Rule 3 of Part III KSR.
The writ petition is disposed accordingly.
T.R.RAMACHANDRAN NAIR,
JUDGE
bps