IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23421 of 2008(L)
1. K.K.SIVAN, KUPPASSERIL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE CHIEF CONSERVATOR OF FORESTS,
3. THE DIVISIONAL FOREST OFFICER,
4. THE DIVISIONAL FOREST OFFICER,
For Petitioner :SRI.V.N.ACHUTHA KURUP (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :06/04/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No. 23421 of 2008-L
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Dated this the 6th day of April, 2009.
J U D G M E N T
Heard Sri.V.N.Achuthakurup, the learned Senior Advocate
appearing for the petitioner and Sri.M.P.Prakash, the learned Special
Government Pleader appearing for the respondents.
2. The petitioner retired from service on 31.8.2007 on
attaining the age of superannuation. The grievance voiced by the
petitioner in this writ petition is that though more than 19 months
have passed after his retirement, the retirement benefits have not
so far been sanctioned or disbursed.
3. The petitioner contends that the retirement benefits due
to him have not been disbursed for the reason that the disciplinary
proceedings initiated against him as per Ext.P2 memo of charges
have not been finalised. The respondents have filed a counter
affidavit contending that the disciplinary proceedings initiated
against the petitioner as per Ext.P2 memo of charges are still
pending. Sri.M.P.Prakash, the learned Special Government Pleader
submits on instructions that the disciplinary proceedings initiated
against the petitioner as per Ext.P2 memo of charges will be
W.P(C) No. 23421 of 2008-L 2
finalised on or before 30.4.2009. The learned Government Pleader
also submits that in respect of the charges set out in Ext.P4 the
report of enquiry has been received and the Chief Conservator of
Forests will finalise the proceedings expeditiously. The learned
Government Pleader also submitted that a vigilance enquiry against
the petitioner was also conducted in respect of an act of misconduct
and that the file is presently with the Government.
4. Nearly 19 months have passed after the petitioner retired
from service. In my opinion, the competent authority among the
respondents has to take a decision in the various disciplinary
proceedings pending against the petitioner. In view of the
submission made by the learned Government Pleader that final
orders in respect of Ext.P2 memo of charges will be passed on or
before 30.4.2009 and in respect of Ext.P4 memo of charges
expeditiously, I dispose of this writ petition with the following
directions:
i) The competent authority among the respondents shall
pass final orders in respect of disciplinary proceedings initiated
against the petitioner as per Ext.P2 memo of charges on or before
30.4.2009.
W.P(C) No. 23421 of 2008-L 3
ii) Final orders in relation to Ext.P4 memo of charges shall
be passed within three months from today after affording the
petitioner a opportunity of being heard.
iii) The Government shall within a period of three months
from today decide whether the vigilance enquiry against the
petitioner should be proceeded with and whether there are
adequate grounds to proceed against him.
I make it clear that I have not expressed any opinion on the
merits of the petitioner’s contentions and that if the petitioner is
aggrieved by the orders to be passed by the Government/other
competent authority, it will be open to him to challenge the same in
other appropriate proceedings.
Sd/-
P.N.RAVINDRAN
JUDGE
//True Copy//
PA to Judge
ab
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