IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 37668 of 2007(H)
1. P.G. MURALEEDHARAN NAIR,
... Petitioner
Vs
1. DIVISIONAL FOREST OFFICER,
... Respondent
2. RANGE OFFICER,
3. FOREST CONSERVATOR (HIGH RANGE CIRCLE),
For Petitioner :SRI.N.K.KARNIS
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :19/12/2007
O R D E R
V. GIRI, J.
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W.P.(C).NO.37668 OF 2007-H
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Dated this the 19th day of December, 2007.
JUDGMENT
Petitioner essentially challenges Ext.P1, which is only a
memo of charges issued on 15.6.2006. He has already submitted
his explanation to the same as per Ext.P7. The learned counsel
for the petitioner submits that the allegations contained in Ext.P1
relate to an incident, which took place more than four years prior
to the date of retirement and, therefore, disciplinary proceedings
ought not to be taken on the same. The petitioner further
submits that memo of charges was not issued to him prior to
the retirement. According to him, the date of actual service of
the same was subsequently changed.
2. In my view there is no ground warranting interference with
Ext.P1. It is only a memo of charges. It is open to the petitioner to
take up all available contentions thereto to controvert the same.
Obviously, the respondents will be bound to consider the same
in the course of passing final orders pursuant to Ext.P1.
WPC.NO.37668/2007 .
2
3. The petitioner has a further grievance regarding delay in
disbursal of the retirement benefits. In the circumstance, the
benefits could be disbursed only on completion of the proceedings
initiated under Ext.P1.
After having heard the learned Government Pleader also, this
writ petition is disposed of directing the 1st respondent to complete
the proceedings initiated under Ext.P1 as early as possible, at any
rate, within a period of six months from the date of receipt of a
copy of this judgment. The question of disbursal of retirement
benefits due to the petitioner will be considered only after
appropriate action is taken on completion of the proceedings
subject to the orders to be passed therein.
V. GIRI, JUDGE.
cl WPC.NO.37668/2007 . 3 WPC.NO.37668/2007 . 4