IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(C).No. 4046 of 2010(E) ------------------------- PETITIONER(S): --------------- K.RAGHAVAN, S/O. KOLADY, KURICHIKKARA POYIL HOUSE, P.O.CHOMBALA, VATAKARA, KOZHIKODE DIST. (RETIRED AS A U.D.CLERK, SPECIAL TAHSILDAR (LA) THALASSERRY). BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 3. ACCOUNTANT GENERAL (A&E) OFFICE OF THE ACCOUNTANT GENERAL (A&E) THIRUVANANTHAPURAM. 4. SUB TREASURY OFFICER, THALASSERRY. G.P. SHRI.O.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 4046 of 2010 ================== Dated this the 8th day of February, 2010 J U D G M E N T On the basis of the conviction in three criminal cases, disciplinary proceedings were initiated against the petitioner, while he was working as a U.D. Clerk in the office of the Special Tahsildar (L.A) Thalassery. Since he has retired from service, Ext.P4 show cause notice has been issued to him to showcause why the pension payable to the petitioner shall not be withdrawn permanently under Rule 2 of Part III of KSR. The petitioner is aggrieved by the same. The contention of the petitioner is that the petitioner has filed appeals against the conviction in the criminal cases, wherein there is an order of suspension of the sentences and therefore, until the appeals are finally disposed of, the punishment should not be implemented. The petitioner has already submitted Ext.P6 objections to Ext.P4. I am of opinion that since Ext.P4 is only a show cause notice, it is for the petitioner to take all his contentions before the disciplinary authority while the disciplinary authority considers the objections of the petitioner. Accordingly, without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2