IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 9837 of 2010(D) ------------------------- PETITIONER: --------------- T.N.CHANDRIKA, T.C.NO.52/254, KARTHIKA, NEMOM P.O., THIRUVANANTHAPURAM PRINCIPAL (UNDER SUSPENSION), GOVERNMENT POLYTECHNIC COLLEGE, NEYYATTINKARA. BY ADV. SRI.V.AJITH NARAYANAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM - 23. 2. THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM BY GOVT.PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.9837/10 PETITIONER'S EXTS: EXT.P1: COPY OF INTERIM DIRECTION IN W.P.(C)No.281/08 PASSED BY THIS COURT. EXT.P2: COPY OF RELEVANT PAGE OF THE ACADEMIC CALENDER FOR POLYTECHNIC COLLEGES ISSUED FROM THE DEPARTMENT OF TECHNICAL EDUCATION. EXT.P3: COPY OF EXPLANATION DT.17.3.10 SUBMITTED BY THE PETITIONER TO THE first RESPONDENT. EXT.P4: COPY OF REPRESENTATION DT.17.3.10 SUBMITTED BY ALL THE 84 STAFF MEMBERS OF GPRTC NEYYATTINKARA TO THE first RESPONDENT. EXT.P5: COPY OF GOVERNMENT ORDER NO.563/10 /H.EDN. DT.17.3.10. EXT.P6: COPY OF REPRESENTATION DT.19.3.10 FROM THE PETITIONER TO THE RESPONDENTS. EXT.P7: COPY OF DETAILED DEPARTMENTAL INQUIRY REPORT DT.11.6.10. EXT.P8: COPY OF FINAL REPORT IN CASE NO.134/10 OF POTHENCODE POLICE STATION FILED UNDER SECTION 174 OF CRPC. BEFORE THE SUB DIVISIONAL MAGISTRATE COURT, THIRUVANANTHAPURAM. EXT.P9: COPY OF REQUEST LETTER DT.21.9.11 BY THE PETITIONER TO THE AUTHORITIES. RESPONDENTS' EXTS: NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.9837 of 2010 -------------------------------------------------- DATED THIS THE 14th DAY OF DECEMBER, 2011 JUDGMENT The petitioner has approached this Court aggrieved by the order of suspension Exhibit P5. The said order was stayed by this Court as per order dated 23.3.2010. During the pendency of the Writ Petition, the petitioner retired from service on 31.3.2010. 2. It is submitted by the learned counsel for the petitioner that the petitioner has been sanctioned pension and other retirement benefits, except DCRG, which is withheld even now for want of finalisation of the matter. 3. The learned Government Pleader submitted that in view of the pendency of the Writ Petition and the interim order staying all further action pursuant to Exhibit P5, so far no final order could be passed. 4. The learned counsel for the petitioner invited my attention to the report, Exhibit P7 submitted by the Director of Technical Education. It appears that action against the petitioner W.P.(C)No.9837/10 -2- and two others were initiated when one Shri Akhil Bhadran a student of the Polytechnic committed suicide. In Exhibit P7 it is concluded that as far as the petitioner and other employees are concerned, they have not played any part in the above incident. It is also submitted by the learned counsel for the petitioner that the colleagues of the petitioner, who were suspended, have already been reinstated in service. 5. Evidently, further action could not be taken in the light of the interim order passed by this Court staying further action in the matter. Now that the petitioner has retired from service and she is receiving pension and various retirement benefits, excluding DCRG, appropriate action will have to be taken to pass a final order, for enabling the petitioner to draw the DCRG. The first respondent is therefore directed to pass final orders in respect of the disciplinary action initiated against the petitioner and to take appropriate action to see that the eligible amount of DCRG sanctioned and disbursed to the petitioner. Appropriate orders with regard to the proceedings initiated against the petitioner will be passed within a period of two months from the date of receipt of a copy of this judgment. W.P.(C)No.9837/10 -3- 6. It is submitted by the learned counsel for the petitioner that the audit is already over and it is recommended that the Non-Liability Certificate can be issued to the petitioner. If that be so, steps will be taken to issue Non-Liability Certificate also within the above period so that the petitioner can draw DCRG on sanction of the same. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn