IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 30098 of 2010(J) -------------------------- PETITIONER(S): --------------- PURUSHOTHAMAN, ANITHA VILAS, AZHOOR - P.O., PERUMKUZHY, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM. 695 001. 3. THE TREASURY OFFICER, PENSION PAYMENT OFFICE, KOLLAM - 691 013. GOVT. PLEADER SRI. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 30098 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 30th day of September, 2010. J U D G M E N T The petitioner is a retired employee of the Government of Kerala. Gratuity amounting to Rs. 93,492/- due to him on his retirement has not yet been paid because certain criminal proceedings are pending against him. The petitioner submits that the criminal proceedings cannot result in any liability on the petitioner and therefore the DCRG due to the petitioner cannot be withheld on that ground. 2. I have heard the learned Government Pleader also. Rule 3A of Part III of KSR specifically provides that when criminal proceedings are pending, until further orders are passed in respect thereof, DCRG due to a Government servant shall not be disbursed. Therefore, I do not find any merit in the writ petition and accordingly the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.