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. 33529 of 2008(N) ---------------------------------------- PETITIONER(S): ------------------------- M.GANGADHARAN, VILLEGEMAN (RETD) VILLAGE OFFICE, THEKKIL, KASARGOD DISTRICT, POORNIMA NIVAS, AZHEEKKAL (VIA)POST KANNUR - 9. BY ADV. MR.S.MUHAMMED HANEEFF RESPONDENT(S): --------------------------- 1. TAHASILDHAR, KASARGODE. 2. DISTRICT COLLECTOR, KASARGODE. 3. THE ACCOUNTANT GENERAL (A & E) THIRUVANANTHAPURAM. 4. STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE(D) SECRETARIAT, THIRUVANANTHAURAM. BY GOVERNMENT 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: Kss WPC.NO.33529/2008 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELIVING ORDER ISSUED BY THE TAHASILDHAR TO THE PETITIONER DTD. 15/01/1996. EXT.P2: COPY OF THE JUDGMENT DTD. 25/06/2008 IN WP(C) NO. 13998/2006 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 33529 of 2008 --------------------------------------------------- Dated this the 12th day of February, 2009 JUDGMENT The petitioner retired from service as Villageman on 31.1.1996. His terminal benefits including provident fund and leave surrender has not been sanctioned for the reason that a vigilance case is pending against him. The case is one alleging the issuance of a bogus patta. The Court of Enquiry Commissioner & Special Judge convicted him and sentenced him. Aggrieved by the conviction and sentence, he has filed Criminal Appeal No.1385 of 2005 before this Hon'ble Court and it is still pending. 2. The petitioner is seeking for a direction to the fourth respondent to sanction and disburse the DCRG due to the petitioner. The learned counsel appearing for the petitioner relied upon a decision of this Court reported in Aravindaksha Panicker Vs. Accountant General 2007 (4) KLT 1031 to contend for the position that mainly because of the conviction, the DCRG need not be withheld. He is also relying upon the Ext.P2 judgment in W.P.(C) No. 13998 of 2006. In the above judgment, this Court was pleased to direct the respondents to wpc:33529 of 2008 2 disburse the DCRG to the petitioner on his executing a bond in terms of Ruling No.1 of Rule 116 of Part III of KSR. In the judgment W.P.(C) No.13998 of 2006 dated 25.6.2008 a similar direction was issued by this Court. 3. Therefore, the writ petition is disposed of directing the fourth respondent to take steps to see that DCRG due to the petitioner is sanctioned and disbursed within a period of three months from the date of receipt of a copy of this judgment. This shall be on condition that the petitioner executes a bond in terms of Ruling No.1 of Rule 116 of Part III of KSR. This will be without prejudice to the right of the Government to take appropriate action in accordance with Rule 3 of Part III KSR. The writ petition is disposed accordingly. T.R.RAMACHANDRAN NAIR, JUDGE bps