IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10193 of 2009(T) ---------------------------------------- PETITIONER(S): ------------------------- P.Y. DEVID RETIRED JUNIOR SUPERINTENDENT PUBLIC WORKS DEPARTMENT ROADS DIVISION KANNUR BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT KERALA GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER OFFICE OF THE CHIEF ENGINEER PWD ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT ROADS DIVISION KANNUR. 4. THE SECRETARY TO GOVERNMENT DEPARTMENT OF VIGILANCE SECRETARIAT THIRUVANANTHAPURAM. 5. THE DIRECTOR VIGILANCE & ANTI CORRUPTION BUREAU THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 10193 of 2009 --------------------------------------------------- Dated this the 30th day of March, 2009 JUDGMENT The petitioner is retired from service as Junior Superintendent from the Public Works Department on 31-05- 2008. He is mainly aggrieved by the non disbursement of the DCRG. 2. Ext.P1 is the copy of the memo of charges and statement of allegations served on him on 28.05.2008. The petitioner has submitted a detailed explanation as per Ext.P2. 3. Even though Ext.P2 was forwarded as early as on 06.06.2008 nothing has happened thereafter. It is pointed out that the petitioner is entitled to draw the retirement benefits and DCRG. No action has been taken presumably in view of Ext.P1. 4. In these circumstances, he has filed Ext.P2 before the Executive Engineer seeking to drop the proceedings against him. Ext.P2 is the reply given by the petitioner in response to Ext.P1 which is fully endorsed by Ext.P3 letter dated 16.08.2008. The Chief Engineer has thus forwarded remarks as per Ext.P3 addressed to the Secretary to Government wpc: 10193 of 2009 2 requesting that further action against the officers including the petitioner may be dropped. The above recommendation has been forwarded after assessing the explanation submitted by the petitioner to the memo of charges. In that view of the matter it is up to the 1st respondent to take a decision. There will be a direction to the 1st respondent to consider Ext.P2 along with Ext.P3 recommendation and pass appropriate orders within a period of three months from the date of receipt of a copy of this judgment. Appropriate decision will be taken with regard to the sanction for payment and retirement benefits to the petitioner also. T.R.RAMACHANDRAN NAIR, JUDGE bps