IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 5652 of 2008(W) ------------------------- PETITIONER(S): ------------------- R.SALIMKUMAR, S/O.RAGHAVAN, SREE NARAYANA HILLS, MADAPPILLY P.O., CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.K.RAVIKUMAR RESPONDENT(S): ------------------- 1. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS.P.O., KOTTAYAM. ADDL.R3. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM (ADDL.R3 IS IMPLEADED AS PER ORDER IN IA NO.2547/08 DT 20.2.2008) ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R2 GOVT.PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.5652/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER DT 26.5.2007 ISSUED BY THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF THE MEMO OF CHARGE DT 31.5.2007 ISSUED BY THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF THE EXPLANATIONS DT 8.6.2007 SUBMITTED BY THE PETITIONER. EXT.P4: TRUE COPY OF THE REPRESENTATION DT 10.10.2007 SUBMITTED BY THE PETITIONER. EXT.P5: TRUE COPY OF THE REPRESENTATION DT 16.8.2007 SUBMITTED BY THE PETITIONER. EXT.P6: TRUE COPY OF THE REPRESENTATION DT 2.2.2008 SUBMITTED BY THE PETITIONER. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 5652 OF 2008 (W) ==================== Dated this the 14th day of October, 2008 J U D G M E N T Petitioner has retired from the service on 31/5/2007 while he was working as Deputy Director of Higher Secondary Education. 2. In this writ petition, he mainly complains that his DCRG and Earned Leave Surrender benefit have not been released so far. The reason for not releasing the aforesaid retirement benefits is the pendency of a disciplinary action initiated by Exts. P1 and P2 and parties are in agreement that the enquiry has not been completed so far. 3. Therefore, at this stage, what is appropriate is to direct completion of the enquiry initiated against the petitioner by Exts. P1 and P2 on an expeditious basis. 4. Therefore, I direct that the 1st respondent shall ensure that the enquiry initiated against the petitioner following Exts. P1 and P2 shall be continued and completed, at any rate within 6 months of receipt of a copy of this judgment. Thereafter, depending upon the outcome of the proceedings, claim of the petitioner for the aforesaid benefits shall be WPC 5652/08 :2 : considered and orders passed without delay. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp