IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 25815 of 2009(V) -------------------------- PETITIONER(S): ------------------- K.GOVINDA PANICKER, RETIRED ACCOUNTS OFFICER, KERALA STATE HOUSING BOARD, RESIDING AT SREELAKSHMI,VIDAKUZHA, ALUVA. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): ---------------------- 1. KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE SECRETARY, KRALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. SRI.P.JAYASANKAR, SC, KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 25815 OF 2009 (V) ===================== Dated this the 26th day of October, 2009 J U D G M E N T Petitioner was an Accounts Officer under the service of the 1st respondent. He retired on 30/4/2008. However, his pension and other retiral benefits have not been released on the ground that disciplinary proceedings pursuant to Ext.P1 memo of charges is still pending. According to the petitioner, out of the 6 loans, which are the subject matter of the disciplinary proceedings, five liabilities have already been settled and therefore, there is no reason why his terminal benefits shall not be released. 2. However, standing counsel has instructions in the matter, who confirms that though five liabilities have been settled, in respect of one of the loans granted to Sri.M.T.Baiju, the liability still remains unsettled. He points out that Stage 3 of the liability was sanctioned by the petitioner and therefore, the petitioner is liable to that extent. It is also pointed out that there is an audit liability of Rs.9000/- outstanding in the name of the petitioner. According to the standing counsel since proceedings are also pending before the Vigilance and Anti Corruption Bureau, WPC 25815/09 :2 : they are not in a position to continue the disciplinary proceedings pursuant to Ext.P1. 3. Fact remains that petitioner retired as early as on 30/4/2008 and even as on date, his terminal benefits have not been released. Even according to the counsel for the Board, only a portion of the liability in respect of the loan granted to Sri.M.T.Baiju which is stated to be 20% of the outstanding and the audit liability of Rs.9000/- alone can be attributable to the petitioner. If that be so, there is no reason why the balance amount due to the petitioner shall not be released. 4. Therefore, the writ petition is disposed of with the following directions: (1) That retaining the 20% of the liability that is outstanding from Sri.M.T.Baiju mentioned in Ext.P1 and Rs.9,000/- towards the audit liability, the respondents shall release the balance terminal benefits that are due to the petitioner. (2) In so far as the amount withheld is concerned, that will depend upon the outcome of the disciplinary action, if any, which is to be concluded. WPC 25815/09 :3 : (3) The payment shall be made as expeditiously as possible, at any rate within 3 weeks of receipt of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp