IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 2596 of 2007(H) ------------------------- PETITIONER(S): --------------- M.J. MATHEW, PART-TIME SWEEPER(RETD.), HARBOUR POLICE STATION, KOCHI CITY, RESIDING AT CHETTIYARATH HOUSE, CHAKKIKAVU, THODUPUZHA, KOOVAPPALLY,IDUKKI-665590. BY ADV. SMT.S.KARTHIKA SMT.T.B.REMANI SMT.K.P.GEETHA MANI SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SRI.T.R.RAJESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT.,MINISTRY OF HOME, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER OF POLICE, KOCHI CITY, KOCHI. 3. THE ACCOUNTANT GENERAL (A & E),KERALA, TRIVANDRUM. BY GOVT. PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.2596/07 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PROCEEDINGS DATED 21.7.2006 ISSUED BY R3. EXT.P2: TRUE COPY OF THE MEMO DATED NIL/06/2002 ISSUED BY R2. EXT.P3: TRUE COPY OF THE WRITTEN STATEMENT DATED 19.7.2002 BY THE PETITIONER. EXT.P4: TRUE COPY OF THE CHARGE MEMO DATED 12.4.2004 ISSUED BY THE 2ND RESPONDENT. EXT.P5: TRUE COPY OF THE SUSPENSION ORDER DATED 22.5.2004 ISSUED BY R2. EXT.P6: TRUE COPY OF THE REINSTATEMENT ORDER DATED 29.5.2004 ISSUED BY R2. EXT.P7: TRUE COPY OF THE CHARGE MEMO DATED 11.6.2004 ISSUED BY R2. EXT.P8: TRUE COPY OF THE ORDER DATED 5.7.2006 ISSUED BY R2. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.2596 OF 2007 ------------------------------------------- Dated this the 7th day of April, 2010 JUDGMENT The petitioner was a part time sweeper in a police station. He retired on 31.5.2004. Before his retirement, certain disciplinary proceedings were initiated against him on account of dereliction of duty, alleging unauthorised absence. Having regard to the fact that his date of superannuation was nearing, his suspension was cancelled and he was permitted to re-join duty. Thereafter, on his due date of superannuation, he was permitted to retire from service. Thus the jural relationship between the State and the petitioner broke, disabling the Government from further proceeding in terms of Rule 15 of Kerala Civil Services (Classification, Control & Appeal) Rules, 1960. However, if it is a case to which Rule 3 or Part III of the Kerala Service Rules applies, the appointing authority will be at liberty to proceed accordingly. Under such WPC.2596/07. 2 circumstances, this writ petition is allowed to the extent of quashing the proceedings against the petitioner in so far as it is under Rule 15 of the KCS(CCA) Rules and leaving the appointing authority with liberty to decide as to whether, on the facts and circumstances of the case and having regard to the gravity of the allegations, it is necessary to initiate or continue with any proceedings under Rule 3 or Part III of the KSR. Let a decision in that regard be taken at the earliest as the petitioner who belonged to the lowest strata of Government service is, by now, around 70 years and is yet to be paid his retiral benefits. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.16/04.