IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 5806 of 2010(A) ------------------------- PETITIONER(S): --------------- K.V.JOY, S/O.KUNJUVAREED, AGED 56 YEARS, ASSISTANT SUB INSPECTOR (RETIRED), KALAPPARAMBATH HOUSE, KANJIKKUZHI, IDUKKI, PIN-685 606. BY ADV. SRI.T.K.AJITHKUMAR (VALATH) RESPONDENT(S): --------------- 1. THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE SECRETARY, VIGILANCE (A) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT POLICE SUPERINTENDENT, IDUKKI. 4. THE ACCOUNTANT GENERAL(A&E) KERALA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5806 of 2010 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF INTIMATION DATED 10.7.09 EXT.P2- TRUE COPY OF INTIMATION DATED 10.7.09 EXT.P3- TRUE COPY OF THE REPRESENTATION DATED 21.10.09 EXT.P4- TRUE COPY OF THE REPRESENTATION DATED 29.1.10 EXT.P5- TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 29.1.10 (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ------------------- W.P.(C).5806/2010 -------------------- Dated this the 28th day of June, 2010 JUDGMENT Petitioner retired from the service as Assistant Sub Inspector of Police on 31.3.2009. According to the petitioner, his terminal benefits are not disbursed for the reason that the Government have not finalized the disciplinary proceedings that is pending against him. 2. From the counter affidavit that is filed, it would appear that an enquiry against the petitioner and some other officers was pending before the Vigilance Tribunal, Kozhikode and that the Tribunal conducted enquiry and submitted its report on 15.2.2006. It is stated that non finalization of the proceedings which are now pending before the 2nd respondent is the reason for delay in settling the terminal benefits of the petitioner. 3. Admittedly, the Vigilance Tribunal has submitted its report and the issue is now pending before the 2nd respondent. Therefore, it is for the 2nd respondent to finalize the proceedings on an W.P.(C).5806/10 2 expeditious basis and on that basis, terminal benefits due to the petitioner will have to be settled. 4. Therefore, I dispose of this writ petition directing that the 2nd respondent shall finalize the disciplinary proceedings pending against the petitioner as expeditiously as possible at any rate within six weeks of production of a copy of this judgment. It is directed that once the disciplinary proceedings are finalized as above, terminal benefits due to the petitioner shall be disbursed, within six weeks thereafter. Petitioner to produce a copy of this judgment along with the copy of this writ petition before respondents 2 and 3 for compliance. ANTONY DOMINIC, Judge mrcs