IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 28405 of 2008(F) -------------------------------------- PETITIONER: ------------------- C.C.RAMESH BABU, DEPUTY RANGER (RETD) S/O. CHATHU, AGED 56 YEARS, CHAKKAMADATHIL HOUSE, KANDASSANKADAVU P.O, KARAMUKKU, TRICHUR- 680 613. BY ADVS. MR.T.SETHUMADHAVAN, MR.PUSHPARAJAN KODOTH, MR.K.JAYESH MOHANKUMAR. RESPONDENTS: ------------------------ 1. GOVERNMENT OF KERALA, REP. BY THE SECRETARY, FOREST DEPARTMENT, THIRUVANANTHAPURAM. 2. CHIEF CONSERVATOR OF FOREST (ADMINISTRATION), THIRUVANANTHAPURAM. 3. DIVISIONAL FOREST OFFICER, TRICHUR. 4. DIVISIONAL FOREST OFFICER, MANNARKKAD. 5. ACCOUNTANT GENERAL ( A&E) KERALA, THIRUVANANTHAPURAM- 695 039. BY GOVT. PLEADER MR. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28405/2008-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 16/01/2008 ISSUED BY THE R.2. EXT.P.2: COPY OF THE SHOW-CAUSE NOTICE DT. 21/10/2004 ISSUED BY R.2. EXT.P.3: COPY OF THE REPLY DTD. 14/02/2005 SUBMITTED BY THE PETITIONER TO THE R.2. EXT.P.4: COPY OF THE MEMO OF CHARGES DTD. 24/05/2007 ISSUED BY THE R.1. EXT.P.4.A: COPY OF THE STATEMENT OF ALLEGATIONS DTD. 24/05/2007 ISSUED BY THE R.1. EXT.P.5: COPY OF THE REPLY DTD. 11/06/2007 SUBMITTED BY THE PETITIONER TO THE R.1. EXT.P.6: COPY OF THE ORDER DTD. 18/04/2007 ISSUED BY THE R.5. EXT.P.7: COPY OF THE ORDER DTD. 05/06/2007 ISSUED BY THE R.5. EXT.P.8: COPY OF THE REPRESENTATION DTD. 02/04/2008 SUBMITTED BY THE PETITIONER TO THE R.2. EXT.P.9: COPY OF THE COMMUNICATION DTD. 16/04/2008 ISSUED BY THE R.2. EXT.P.10: COPY OF THE REPRESENTATION DTD. 28/04/2008 SUBMITTED BY THE PETITIONER TO THE R.2. EXT.P.11: COPY OF THE COMMUNICATION ISSUED BY THE R.3. TO THE PETITIONER DTD. 2/12/2008. EXT.P.12: COPY OF THE REPLY SUBMITTED BY THE PETITIONER DTD. 12/12/2008 TO THE R.3. EXT.P.13: COPY OF THE ORDER PASSED BY THE R.2. DTD. 20/12/2008. EXT.P.14: COPY OF THE ORDER DTD. 28/08/2008 PASSED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.28405 of 2008 -------------------------- Dated this the 12th February,2009 J U D G M E N T The petitioner while holding the post of Deputy Ranger, Pattikad Range in Thrissur Division retired from service on 31.5.2007. He retired from service after 34 years of service. Aggrieved by the delay in the disbursal of DCRG, Family Benefit Scheme and Group Insurance Scheme, he has approached this Court. Pursuant to the interim order passed by this Court on 6.11.2008, the amounts payable to him under the Group Insurance Scheme and Family Benefit Scheme have been disbursed. 2. What remains is the release of amount towards the DCRG. Three disciplinary proceedings were initiated against the petitioner which have been culminated in Exhibits P1, P13 and P4 orders. As per Exhibit -P1, a punishment of barring one increment without cumulative effect was inflicted and by Exhibit- P13, the petitioner has been imposed with punishment of W.P ( C) No.28405 of 2008 2 barring two increments with cumulative effect. As per Exhibit-P14, he has been exonerated from the said disciplinary proceedings. 3. Learned Government Pleader submits that presently liability to the tune of Rs.54,720/- has been found out from various Divisional Offices where he was working. 4. Therefore, the writ petition is disposed of in the following terms: Petitioner will be issued with appropriate notice regarding the nature and quantum of liability. Regarding the liabilities arising from Exhibits P1 and P13, petitioner will be issued with appropriate orders. Petitioner has got a right to challenge the orders Exhibits P1 and P13 . Learned counsel for the Petitioner submitted that he will resort to appropriate remedies within a period of one month from today. The total amount of DCRG sanctioned is Rs.3,14,556/-. There will be a direction to the 2nd and 3rd respondent to disburse the undisputed portion of the DCRG within a period of one month from the date of receipt of a copy of W.P ( C) No.28405 of 2008 3 this judgment. Proceedings in respect of quantification of liabilities on other kinds will be finalised within a period of two months from the date of receipt of a copy of this judgment and the petitioner will be issued with NLC/LC within the said period. Depending upon the outcome of the same , the balance amount also will be released. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.28405 of 2008 4 W.P ( C) No.28405 of 2008 5 (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.28405 of 2008 6 W.P ( C) No.28405 of 2008 7