IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 27420 of 2010() ------------------------- PETITIONER(S): --------------- K.NIRMALA, BHIM JYOTHI, ELAVUMTHITTA P.O., PATHANAMTHITTA - 689 625. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. THE REGISTRAR, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. GOVERNMENT PLEADER P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 27420/2010 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE CASTE CERTIFICATE. P2. COPY OF THE LPC DTD.10.4.08. P3. COPY OF THE STATEMENT OF ALLEGATIONS. P4. COPY OF THE MEMO OF CHARGES. P5. COPY OF THE OBJECTION DTD.24.12.09. P6. COPY OF THE ORDER DTD.20.3.2010 P7. COPY OF THE ORDER DTD.23.3.2010 BY R2. RESPONDENT(S)' EXHIBITS: R1A. COPY OF THE REPORT DTD.24.4.10. B. COPY OF THE PETITION TD.29.12.2008. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 27420 of 2010 ================== Dated this the 11th day of October, 2010 J U D G M E N T The petitioner is a Harijan. Her husband is an acute diabetic and heart patient. Since the petitioner had to spend a lot of money for the treatment of her husband, she had to avail of loans from many sources. Disciplinary proceedings have been initiated on account of the fact that the petitioner has availed of loans beyond her means and she was suspended. But after a few days, she retired from service on 31.3.2010. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) Call for the records leading to Exhibit P6 and quash Exhibits P4, P5 and P6 and by a writ of certiorari or any other writ, order or direction; ii) Issue a writ of mandamus or any other writ, order of direction directing the respondents to grant the entire pay and allowances and the retirement benefits of the petitioner forthwith. iii) Issue an interim direction directing the respondents to grant the entire pay and allowances and the retirement benefits of the petitioner forthwith.” 2. In view of the fact that now that the petitioner has retired from service and her misconduct does not in any way affect the Government after retirement, I directed the learned Government Pleader to get instructions as to what the respondents propose to do in respect of the disciplinary proceedings initiated against the petitioner. Now respondents 1 and 2 have filed a counter affidavit stating that w.p.c.27420/2010 2 they propose to continue the disciplinary proceedings. I am of opinion that by continuing the disciplinary proceedings, they can only put the petitioner to further difficulties with no consequential benefit to the Government insofar as the allegation against the petitioner is that the petitioner has availed of loans beyond her means. Now that the petitioner has retired, it is for her to pay off the loans and the Government will not be put to prejudice in any manner in respect of those amounts. Therefore, I am of opinion that the Government should take a lenient view in view of the pathetic situation of the petitioner and drop all further proceedings in respect of the disciplinary proceedings against the petitioner. Accordingly, the impugned proceedings are quashed. The petitioner would be entitled to all consequential monetary benefits including retirement benefits. The same shall be disbursed to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. The writ petition is allowed as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.27420/2010 3