IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 16087 of 2008(M) ------------------------------------ PETITIONER: ------------------- K.SASIDHARAN, (HEAD CONSTABLE Q 5610- RETIRED), RESIDING AT S.S.BHAVAN, PADAVANCODE, VILAPPILSALA (P.O), THIRUVANANTHPURAM DISTRICT. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, KOLLAM. 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURM. 4. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON 02/06/2008 DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 16087 of 2008 -------------------------- Dated this the 2nd June, 2008 J U D G M E N T Petitioner, who retired from service on 30.11.2007, is aggrieved by the delay in the disbursal of retirement benefits due to him. Apparently, the delay is on account of Exhibit P2 show cause notice issued on 30.11.2007, the date on which the petitioner retired from service, proposing to remove the petitioner from service. Petitioner submitted his explanation to Exhibit P2. Since the petitioner had retired on 30.11.2007, it is contended that there cannot be a punishment as proposed under Exhibit P2. 2. Disciplinary action initiated when the Government servant was in service can be continued to be concluded in the manner provided under the Rules. But petitioner cannot be dismissed from service at this stage, it is contended. There is no reason why the pension papers relating to the petitioner should not be processed. W.P ( C) No. 16087 of 2008 2 After having heard the learned counsel on both sides, the writ petition is disposed of with the following directions. i) The 2nd respondent shall cause the pension papers of the petitioner to be processed and shall forward the same to the Accountant General within a period of two months from the date of receipt of a copy of this judgment. ii) Thereupon the 4th respondent shall pass orders sanctioning retirement benefits in favour of the petitioner. This shall be done within two months from the receipt of papers by the 4th respondent from the 2nd respondent. Once the orders of sanction are issued, the third respondent cause NLC/LC to be issued in favour of the petitioner and issue orders of authorisation as regards pension and other retirement benefits, within a month from the date of communication of the order of sanction from the 4th respondent. The amounts due to the petitioner shall thereafter be disbursed without any further delay. (V.GIRI, JUDGE) ma W.P ( C) No. 16087 of 2008 2 (V.GIRI, JUDGE) ma