IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 33507of 2011(K) -------------------------------------- PETITIONER(S) --------------------- K.S.SALIM, PARAMBATH HOUSE, KANNAMKULANGAR NORTH PARAVUR P.O., ERNAKULAM RETD.FOREST RANGE OFFICER, PARIYARAM RANGE CHALAKKUDY DIVISION BY ADVS. SRI.B.S.SWATHI KUMAR SMT.P.V.SHOBANA SMT.M.G.AISHWARYA RESPONDENT(S) ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION) FOREST HEAD QUARTERS, THIRUVANANTHAPURAM - 695 001. 3. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM - 695 001. BY GOVT.PLEADER SRI.T.K.SHAIJ RAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NK WP(C).No. 33507of 2011(K) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS P1 COPY OF THE RELEVANT PAGE OF THE FINAL REPORT IN VC 5/04 DATED 18-06-2004. P2 COPY OF THE LETTER NO.D.O.NO.B4-13144/2006 DATED 16-02-2011. P3 COPY OF THE LETTER NO.C2(VC 5/04/EKM) 19050/04 DATED 05-03-2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE NK K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.33507 of 2011 --------------------------------------------- Dated this the 15th day of December 2011 JUDGMENT The petitioner is a retired Forest Range Officer. He retired from service on 31.3.2010. His complaint is that though two months have elapsed since his retirement, he has not been sanctioned his Death Cum Retirement Gratuity (DCRG for short). Only the Pension and commuted value of pension have been granted to him. 2. The reason for not sanctioning his DCRG is that he was accused No.15 in a vigilance case, VC No.5 of 2004. The petitioner places reliance on Ext.P1 final report submitted in the said case, after investigation. As per Ext.P1 submitted to the Court of the Enquiry Commissioner and Special Judge, Thrissur, it has been reported that there is no scope for successful prosecution in the case. Hence, it has been requested that the case may be closed and further action dropped. The said final report has also been accepted by the Enquiry Commissioner and Special Judge, WPC No.33507 of 2011 2 Thrissur as evident from the endorsement in Ext.P1. However, the loss that was caused to the public exchequer has been directed to be recovered from 16 officers including the petitioner as per letter dated 31.8.2007 of the Director, Vigilance and Anti-corruption Bureau. The amount of loss so directed to be recovered is Rs.13.22 crores. The Chief Conservator of Forests has, by Ext.P2, requested the third respondent to review the stand in the letter dated 31.8.2007 and to revoke the recommendation to recover the amount. However, no orders have been passed in this regard till date. It is for the above reason that the pensionary benefits like the DCRG is not disbursed to the petitioner. 3. I have heard the learned Government Pleader also. It is submitted by the learned Government Pleader that a decision pursuant to Ext.P2 is awaited and that the DCRG of the petitioner would be sanctioned on receiving the said decision. 4. In view of the above, this writ petition is disposed of directing the third respondent to take a decision pursuant to the recommendation in Ext.P2 and to pass appropriate orders communicating the said decision to the second WPC No.33507 of 2011 3 respondent. Such a decision shall be taken in accordance with law, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K.SURENDRA MOHAN, JUDGE true copy P.A.TO JUDGE css/