IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 23421 of 2008(L) -------------------------- PETITIONER(S): --------------- K.K.SIVAN, KUPPASSERIL HOUSE, AYAKKAD, THRIKKARIYOOR P.O., KOTHAMANGALAM RETD, TECHNICAL, ASSISTANT (RANGE OFFICER) FLYING SQUAD DIVISION, KOTHAMANGALAM. BY ADV. MR. V.N.ACHUTHA KURUP, SENIOR ADVOCATE MR. B.S.SWATHY KUMAR MS.BINDU SREEKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS, (ADMINISTRATION) FOREST HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, MALAYATTOOR. 4. THE DIVISIONAL FOREST OFFICER, FLYING SQUAD DIVISION,KOTHAMANGALAM. GOVERNMENT PLEADER MR. M.P. PRAKASH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 23421 of 2008-L ------------------------------ 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 W.P(C) No. 23421 of 2008-L 4