IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19712 of 2008(V)
1. V.S. NARENDRAN, S/O SANKARAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE LAND REVENUE COMMISSIONER,
3. THE ACCOUNTANT GENERAL (A & E),
4. THE DISTRICT COLLECTOR, IDUKKI.
For Petitioner :SMT.REKHA VASUDEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :14/07/2008
O R D E R
V.GIRI,J.
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W.P ( C) No.19712 of 2008
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Dated this the 14th July, 2008
J U D G M E N T
Petitioner, who retired from service on 31.10.2004
as an L.D. Clerk, is aggrieved that retirement benefits
due to him have not been disbursed so far.
It is contended on behalf of the respondents that
there is a vigilance case pending against the petitioner as
C.CNo.35/2001 before the Enquiry Commissioner and
Special Judge, Thrissur, in which, the petitioner was
Accused No.5. While so, petitioner retired from service.
DCRG is withheld on account of the pendency of the
vigilance case. Apparently, loss by the petitioner is
assessed at Rs.2,30,560/-.
2. Learned counsel for the petitioner submits that
no notice has been received by the petitioner with regard
to the said aspect and therefore liability was not fixed
within a period of three years from the date of retirement.
In circumstances where the liability has not been fixed
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within three years, it is not possible to withhold the DCRG
due to the petitioner. It is further submitted that period of
suspension of the petitioner is to be regularised.
3. In so far as the prayer for regularisation of the
period of suspension, in my view, vigilance case against the
petitioner has to be completed and orders under Rule 56
Part I of the K.S.R. could be passed only after completion of
the vigilance case. But there is no justification to withhold
the DCRG.
In the result, the writ petition is disposed of directing
the 2nd respondent to take steps to disburse to the
petitioner the DCRG due to him within a period of six weeks
from the date of receipt of a copy of this judgment.
Obviously, the right of the Government to take appropriate
steps to recover the loss, if any, by the petitioner will be
unaffected by this Court’s order or the disbursal of the
DCRG pursuant thereto.
(V.GIRI, JUDGE)
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