IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 31288 of 2009(E) -------------------------- PETITIONER(S): ------------------ K.N. ABDUL KHAYOOM, SENIOR FINANCE OFFICE (RETD.), KUNNUMPURATH THOPPIL, NEAR ST. THOMAS ORTHODOX CHURCH, CHANGANACHERRY. BY ADV. SRI.M.S.UNNIKRISHNAN SMT.S.KARTHIKA SRI.M.R.ANISON SMT.K.P.GEETHA MANI RESPONDENT(S): -------------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE (ESTT.B) DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE ACCOUNTANT GENERAL, TRIVANDRUM. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 4. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SRI.MOHAMMED FAZIL FOR R1,2,3,4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 31288 OF 2009 (E) ===================== Dated this the 19th day of November, 2009 J U D G M E N T The petitioner retired as a Senior Finance Officer on 31/7/08. According to the petitioner, though by Exts.P1 and P2, benefits were sanctioned and NLC was also issued, his terminal benefits have not been disbursed. The reason for such non disbursement is the pendency of disciplinary proceedings. Petitioner submits that though by Ext.P4 issued in May 2007, he was charge sheeted and he filed Ext.P5 explanation, there has not been any progress in the matter since then. This precisely is the reason stated by the learned Government Pleader also. 2. True, the pendency of a disciplinary proceedings can be a reason to justify the action of the respondents, but disciplinary proceedings cannot be inordinately delayed and disbursement of the benefits also cannot be inordinately postponed. Therefore, as at present, what is needed is to give a quietus to the departmental proceedings. Therefore, the writ petition is disposed of directing the 4th respondent to finalise the departmental proceedings initiated WPC 31288/09 :2 : against the petitioner by Ext.P4. This shall be done, as expeditiously as possible, at any rate within 4 months of production of a copy of this judgment. It is directed that on conclusion thereafter and depending upon the outcome of the proceedings, terminal benefits due to the petitioner shall be disbursed and needless to say that the pendency will not stand in the way of the respondents paying the admitted amount, if any due to the petitioner. ANTONY DOMINIC, JUDGE Rp