IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 658 of 2008(C) PETITIONER: -------------------- K.V.YOHANNAN, RETIRED SUB ENGINEER, K.S.E.B. ELECTRICAL SECTION, RAJAKUMARY, RESIDING AT KUNNARATH HOUSE, VALARA P.O., ADIMALI. BY ADV. SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN SRI.PRAMJI PAUL VAZHAPPILLY RESPONDENTS: ------------------------- 1. THE CHIEF ENGINEER (H.R.M), K.S.E.BOARD, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, K.S.E.BOARD, ADIMALI, KALLARKUTTY P.O. BY ADV. SRI.K.S.ANIL, SC, KSEB SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.658 of 2008 C ------------------------- Dated this the 18th day of June, 2008. JUDGMENT While functioning as a Sub Engineer, the petitioner retired on 31.12.2006. When terminal benefits were not disbursed, on the ground that the disciplinary proceedings were pending against him, he had approached this court in W.P.(C)No.8928/07. By Ext.P1 judgment, a direction was issued to complete the disciplinary proceedings initiated against the petitioner. The disciplinary proceedings were finalised as per Ext.P2 imposing a punishment of barring of the last increment without cumulative effect for a period of six months and recovery of an amount of Rs.6,700/-. Subsequently, by Ext.P3, the pension commutation and Death cum Retirement Gratuity were ordered to be withheld on the ground that a criminal case is pending against the petitioner. It is, thereafter, that the petitioner has approached this court seeking a direction for disbursal of the retirement benefits due to him. Ext.P3 is challenged in this writ petition. W.P.(C).NO.658/08 :: 2 :: 2. A counter affidavit has been filed by the 1st respondent. The reason for passing Ext.P3 is the pendency of C.C.No.615/06 arising from Crime No.376/03 of the Judicial Magistrate of the First Class, Adimali. Apparently, the petitioner is the 2nd accused in the calender case and the allegation seems to be that the 1st accused, an Electrical Inspector, had received a sum of Rs.3,175/- from a consumer and connection was given unauthorisedly. No doubt, the criminal proceedings will have to be completed and strictly speaking, under Rule 3 of Part III of the Kerala Service Rules, the Board is entitled to see whether judicial proceedings are pending against the incumbent on the date of retirement and if so, the Death cum Retirement Gratuity and commuted value of pension need not be disbursed to him. 3. But, taking note of the fact that the said case does not involve any vigilance angle and it does not show that the petitioner has caused any loss to the Electricity Board, it will be appropriate that the Board releases to the petitioner, the Death cum Retirement Gratuity and commuted value of pension, on W.P.(C).NO.658/08 :: 3 :: condition that the petitioner executes a bond under Ruling No.1 of Rule 116 of Part III of the Kerala Service Rules. In the result, the writ petition is disposed of directing the 1st respondent to release to the petitioner the Death cum Retirement Gratuity and commuted value of pension withheld under Ext.P3, within a period of one month from the date of receipt of a copy of this judgment. This is on condition that the petitioner executes a bond with sureties, as contemplated by Ruling No.1 of Rule 116 of Part III of the Kerala Service Rules. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge