IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 2647 of 2007(M) ---------------------------------------- PETITIONER: --------------------- I.K. RAJAGOPALAN, AGED 57 YEARS, S/O.I.K.SANKARAN KUTTY, RETIRED ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, SUB STATION SUB DIVISION, VATAKARA,KOZHIKODE DIST. RESIDING AT `MANDARAM', WEST HILL P.O., KOZHIKODE DISTRICT, PIN-673 005. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENTS: ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. SECRETARY, K.S.E.B., VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. CHIEF ENGINEER, HUMAN RESOURCE MANAGEMENT (HRM), K.S.E.B., VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 4. DEPUTY CHIEF ENGINEER, K.S.E.B., TRANSMISSION CIRCLE, KANNUR. BY ADV. SRI.K.S.ANIL, SC, KSEB R1 TO R4 BY SRI. ASOK M.CHERIYAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2647/2007 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MEMO BEARING NO.EB-3/RETIREMENT/ AEE/2004-05/64 DTD. 30/09/2004 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF THE NON-LIABILITY CERTIFICATE ISSUED BY THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, PATTOM, DTD. 30/09/2004 TO THE PETITIONER. EXT.P3: COPY OF THE NON-LIABILITY CERTIFICATE ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, CONTROL ROOM, KSEN, KOZHIKODE DTD. 7/10/2004 TO THE PETITIONER. EXT.P4: COPY OF THE NLC ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, KSEB, NADAKAVU, TO THE PETITIONER. EXT.P5: COPY OF THE PROCEEDING NO.PA.X.PPO.33175 DTD. 20/12/2004. EXT.P6: COPY OF THE PENSION PAYMENT ORDER BEARING PPO NO. X.33175 ISSUED BY THE ACCOUNTS OFFICER (PENSION) KSEB, TO THE PETITIONER. EXT.P7: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS DTD. 10/09/2006. EXT.P8: COPY OF THE CIRCULAR NO.3185/FIN. TVM.10/04/1985. /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No. 2647 of 2007 -------------------------- Dated this the 7th March, 2008 J U D G M E N T Petitioner who retired from service on 30.9.2004 is aggrieved by the non-disbursal of retirement benefits due to him. He has been paid only provisional pension. According to the KSEB, non payment of full pension, CVP and DCRG is because of the registration of Vigilance case No.VC 2/2004 against the petitioner for offences punishable under Section 13 (2) r/w 13 (1) (e) of the Prevention of Corruption Act. 2. There was dispute as to whether the petitioner was actually charge sheeted in VC 2/2004 as stated in para 6 of the counter affidavit. On 7.2.2008, this Court passed an order requiring the counsel for the respondents to get instructions as to whether the petitioner has actually been charge sheeted in VC 2/2004 and when the case is taken up today, the counsel for the Board reiterates that the vigilance investigation has been completed and report has been submitted by the Director of Vigilance and Anti Corruption Bureau and the petitioner is an W.P ( C) No. 2647 of 2007 2 accused in the vigilance case. In these circumstances, especially taking note of the fact that vigilance case is one in connection with the allegation of acquisition of assets disproportionate with his income and involving offences under the Prevention of Corruption Act, I do not find it possible to issue a direction straight away to release the retirement benefits due to the petitioner. But at the same time, prolongation of vigilance case as such should not result in the retirement benefits being disbursed to the concerned Government servant being delayed indefinitely. In the result, the writ petition is disposed of permitting the petitioner to move for the disbursal of the DCRG due to him, after a period of nine months. If the proceedings of the vigilance case is either completed or get terminated, then subject to the decision to be taken therein, the retirement benefits due to the petitioner shall be disbursed to him, without further delay. (V.GIRI, JUDGE) ma W.P ( C) No. 2647 of 2007 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 2647 of 2007 2 25th May, 2007