IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 26154 of 2009(L) -------------------------- PETITIONER(S): --------------- E.T.MATHEW, SUPERINTENDENT OF POLICE (RETD.), RESIDING AT EDAVAZHIKAL, PARADIZE ROAD, VYTTILA P.O., COCHIN-682019. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.DHANYA CHANDRAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ADDL. CHIEF SECRETARY TO GOVERNMENT OF KERALA/SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. SENIOR GOVT. PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. `````````````````````````````````````````````````` W.P.(C) No. 26154 of 2009 L `````````````````````````````````````````````````` Dated this the 6th day of October, 2009 J U D G M E N T Petitioner retired as a Superintendent of Police on 31- 05-2008. He is aggrieved that his retirement benefits have not been disbursed and hence this writ petition. 2. Non Liability Certificate has not been issued to the petitioner. It is stated in Ext.P4 information given under the Right to Information Act, 2005, that Non Liability Certificate cannot be issued because the petitioner is an accused in Crime No.237/1988 of the Chavakkad Police Station registered for offences under Sections 143, 147, 323 and 149 of the IPC. 3. Learned counsel for the petitioner points out that two Police Constables, who are also accused in the same case, M/s.Jose and Narayanankutty, were retired from service as evidenced by Ext.P3. Non Liability Certificates in relation to those persons have been issued. Another accused in the same crime, Sri.Vidyadharan, is continuing in service. Pendency of the crime WPC.26154/09 : 2 : was earlier taken as reason for denying the petitioner his promotion. He had approached this Court by filing W.P.(C) No.14337 of 2008. Ultimately, he was promoted as Superintendent of Police on the date of his retirement pursuant to the interim order passed in W.P.(C) No.15695 of 2008. 4. Learned senior Government Pleader, Mr.P.Nandakumar, submits that the petitioner retired on 31-05- 2008 and pendency of the criminal case has been taken note of by the Department. 5. Going by the information given in Ext.P4, the criminal case pending against the petitioner since 1988 is not likely to have any impact on the retirement benefits due to the petitioner. Two other accused in the same case have retired after the registration of the crime. Their Non Liability Certificates have been issued. The criminal case has been pending for an unusually long period of time. No other liability is contemplated as against the petitioner. 6. In the result, DCRG sanctioned to the petitioner as per Ext.P2 shall be disbursed to the petitioner on his executing a bond in terms of the Form under Rule 116 of Part III of the Kerala WPC.26154/09 : 3 : Service Rules, within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (V.GIRI, JUDGE) aks