IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 33347 of 2008(T) ---------------------------------------- PETITIONER(S): --------------------------- SAJJAD SAHEER.M., SUB INSPECTOR OF POLICE (RETIRED ) “THUNDIYIL HOUSE', THAZHAM MIDDLE, CHATHANOOR, KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERMENT OF KERALA, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, KOLLAM. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33347/2008 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE VERIFICATION REPORT ADMITTING SOME PENSIONARY BENEFIT ISSUED BY THE SR.ACCOUNTS OFFICER UNDER 2ND RESPONDENT. EXT.P2: COPY OF LETTER NO.A6/12932/07Q DTD. 6/10/2007 ISSUED BY THE 3RD RESPONDENT TO THE TREASURY OFFICER, SUB TREASURY, CHATHANNUR. EXT.P3: COPY OF THE FIR IN CRIME PENDING TRIAL BEFORE J F M C, CHANGANASSERY. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.33347 of 2009 -------------------------- Dated this the 29th January,2009 J U D G M E N T Aggrieved by the delay in disbursal of DCRG and other retirement benefits including full monthly pension, petitioner has filed this writ petition. Pursuant to the interim order passed by this Court on 12.1.2009, an affidavit has been filed on behalf of the 3rd respondent. 2. The petitioner was working as Sub Inspector of Police and he retired from service on 30.4.2007. Admittedly, the provisional pension and commuted value of pension have been sanctioned to him. He was under suspension from 4.10.2006 in view of the fact that he was involved in a Crime No.345/2006 under Section 354 of Indian Penal Code while he was working in Chingavanam Police Station. Later he was reinstated in service by order dated 7.12.2006 of the DIG, Ernakulam Range. Later, he was transferred and posted to Kollam district as per DGO No.169/07 dated 6.2.2007. Presently as far as W.P ( C) No.33347 of 2009 2 the Crime No.345/2006 is concerned, the same has been settled by the Lok Adalath as per order dated 8.11.2008. According to the petitioner, he has been acquitted under Section 320 (8) of Cr.P.C. Admittedly, the proceedings against him has not been finalised so far and the suspension period from 4.10.2006 to 14.12.2006 have to be regularised also. This is the only impediment for the release of DCRG and the sanction of full monthly pension to the petitioner. 3. It is submitted by the learned Government Pleader that the action against the petitioner can be expedited and will be finalised within a reasonable time. Learned counsel for the petitioner submits that as he retired from service on 30.4.2007 a time limit has to be fixed for finalisation of the disciplinary enquiry. 4. Therefore, there will be a direction to the 3rd respondent to see that the disciplinary proceeding is finalised within a period of three months from the date of receipt of a copy of this judgment. Action will be taken for the sanction of monthly pension, DCRG and commuted W.P ( C) No.33347 of 2009 3 value of pension, within a further period of one month after the final orders are passed in the disciplinary proceedings. Depending upon the same, the petitioner will be entitled to draw the amount sanctioned less the liability, if any. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.33347 of 2009 4 W.P ( C) No.33347 of 2009 5