IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 5535 of 2008(H) ------------------------- PETITIONER: ------------ K.O.JOSE, KELAKATH HOUSE, OLD MARTHOMA CHURCH ROAD, PERUMBAVOOR, ERNAKULAM DISTRICT (EXECUTIVE ENGINEER RETIRED). BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: ------------- 1. KERALA WATERA AUTHORITY, REP. BY ITS MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, KERALA WATER AUTHORITY, ERNAKULAM. BY ADV. SRI.J.KRISHNA KUMAR, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- W.P(C) No. 5535 OF 2008 ----------------------------------- Dated this the 3rd day of March, 2008 JUDGMENT I heard learned counsel for the petitioner and learned Standing Counsel for the water authority. Petitioner has approached this Court aggrieved that in spite of his retirement on 31.05.03, the DCRG due to him has not been released so far. On instructions, learned Standing counsel submits that the only reason for delay in disbursal of DCRG is apparently the pendency of a vigilance case against the petitioner. It is also submitted that no liability as such has been quantified or fixed as against the petitioner. In the circumstances the writ petition is disposed of in the following terms: The 2nd respondent shall take steps to disburse DCRG due to the petitioner within a period of two months from today. In the circumstances, petitioner shall execute a bond in terms of Rule 116 of Part III KS & SSR, in favour of the Water Authority, as directed by the 2nd respondent for the purpose of receiving the DCRG. The disbursal of the DCRG will be without prejudice to the WPC No. 5535 OF 2008 2 right of the Water Authority to recover any amount that might be due from the petitioner to the Water Authority, if so due, in accordance with law. V. GIRI, JUDGE ttb WPC No. 5535 OF 2008 3