IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 10290 of 2008(Y) -------------------------- PETITIONER: ------------ M.T.CHINNAMMA, AGED 60 YEARS WIFE OF K.V.MATHAI, RETIRED AS DEPUTY COLLECTOR (LR), COLLECTORATE, KOTTAYAM RESIDING AT THALAMATTATHIL HOUSE RAMAMANGALAM P.O. 686 663, KOTTAYAM DISTRICT. BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.THOMAS P.MAKIL SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE (SPECIAL CELL) DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).10290/2008 -------------------- Dated this the 27th day of March, 2008 JUDGMENT Petitioner retired from service on 31.3.2003 as Deputy Collector. She was placed under suspension on 9.4.2002 pending enquiry. Along with others, she was later re-instated on 17.7.2002 without prejudice to the continuance of the disciplinary proceedings. Ext.P1 memo of charges were issued to the petitioner on 10.9.2002 and petitioner submitted her explanation thereon as per Ext.P2 on 7.11.2002. As stated above, she retired on 31.3.2003 though proceedings initiated under Ext.P1 has not been finalized so far. 2. In the meanwhile, Ext.P3 notice was issued proposing reduction of the petitioner’s pension by 15% under Rule 59(b) of Part-III of K.S.R and the proposal was objected to by the petitioner by Ext.P4. Petitioner is aggrieved that the proceedings initiated under Ext.P1 has not been finalized and consequential retirement benefits W.P.(C).10290/2008 2 due have not been sanctioned in time, except for provisional pension. Hence the writ petition. 3. I heard learned counsel for the petitioner and the learned Government Pleader. 4. There is no justification for the non finalization of disciplinary proceedings initiated under Ext.P1 as early as in 2002. In the circumstances, writ petition is disposed of directing the respondent to finalize the disciplinary proceedings initiated under Ext.P1, as early as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Ext.P3 shall be proceeded with, if at all, only after the disciplinary proceedings are finalized. On finalization of the disciplinary proceedings, necessary instructions shall also be issued to the competent authority to issue an authorization for the DCRG due to the petitioner and also see that orders are issued as regards the full pension and CVP. Orders in that regard shall be passed W.P.(C).10290/2008 3 within one month from the date of finalization of disciplinary proceedings. V.GIRI, Judge mrcs