IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 29262 of 2008(H) -------------------------------------- PETITIONER(S): ---------------------- T.J.JOSE , AGED 56 YEARS, S/O.T.C.JOSEPH, RESIDING AT THOTTAKKARA HOUSE ARUVITHURA P.O.,ERATTUPETTA PIN 686 122 [(JOINT DIRECTOR OF AGRICULTURE), (RETIRED)] BY ADVS. SRI.A.V.THOMAS SRI.JOJO GEORGE SRI.NIDHI SAM JOHN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,AGRICULTURE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE AGRICULTURE DIRECTORATE, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (A&E) KERALA THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.A.J.JOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.29262/2008 APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE JUDGMENT DATED 26.05.2005 IN W.P(C) NO.15385/2005 OF HIGH COURT OF KERALA. P2 : COPY OF THE JUDGMENT DATED 24.08.2005 IN W.P.(C) 25213/2005 OF THE HON'BLE HIGH COURT OF KERALA. P3 : COPY OF GO.(RT)NO.153/07/AD DATED 31.01.2007 PASSED BY THE 1ST RESPONDENT. P4 : COPY OF THE ORDER DATED 16.03.2007 IN W.P(C) NO.7574/2007 OF THE HON'BLE HIGH COURT OF KERALA. P5 : COPY OF G.O.(RT.)NO.819/07/AD DATED 17.05.2007 ISSUED BY THE 1ST RESPONDENT. P6 : COPY OF THE PAY/LEAVE SALARY SLIP DATED 04.09.2008 ISSUED BY THE 3RD RESPONDENT. P7 : COPY OF THE INTIMATION SLIP OF PENSION PAYMENT DATED 24.07.2008 ISSUED BY THE 3RD RESPONDENT TO THE SUB TREASURY OFFICER, ERATTUPETTA. P8 : COPY OF THE COMMUTATION PAYMENT ORDER DATED 24.07.2008 ISSUED BY THE 3RD RESPONDENT TO THE SUB TREASURY OFFICER, ERATTUPETTA. P9 : COPY OF THE COMMUNICATION DATED 23.09.2008 ISSUED BY THE 2ND RESPONDENT TO THE SUB TREASURY OFFICER, VIKAS BHAVAN, THIRUVANANTHAPURAM. P10: COPY OF THE COMMUNICATION DATED 09.09.2008 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT TO THE PRINCIPAL AGRICULTURAL OFFICER, KASARGOD. P11: COPY OF THE G.O.P.NO.185/2002/FIN DATED 27.03.2002 ISSUED BY THE GOVERNMENT OF KERALA, FINANCE DEPARTMENT. P12: COPY OF THE G.O.(P)NO.803/2002/FIN DATED 30.12.2002 ISSUED BY THE GOVERNMENT OF KERALA, FINANCE (PENSION) DEPARTMENT. P13: COPY OF THE JUDGMENT DATED 27.11.2007 IN W.P.(C)NO.34886/2007 DATED 27.11.2007 OF HIGH COURT OF KERALA. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV P.R.RAMACHANDRA MENON, J. ----------------------------------------------------------- W.P.(C) No.29262 of 2008 – H ----------------------------------------------------------- Dated this the 27th day of October, 2011 J U D G M E N T The petitioner retired from the service of the respondents as Joint Director of Agriculture. When the petitioner was continuing in service, a disciplinary proceeding was initiated against him which was being protracted. In spite of the retirement of the petitioner from the service on 31.5.2007, the DCRG payable to him was not disbursed, referring to the pendency of the above disciplinary proceedings. The petitioner is challenging the cause pursued by the respondents and seeks for interference in the matter of disbursement of DCRG. 2. When the matter is taken up for final hearing, the learned counsel for the petitioner brought to the notice of this Court that the disciplinary proceeding initiated against the petitioner has already been dropped by virtue of Ext.P15 order bearing No.G.O.(Rt) No.2054/10/AD dated 20.11.2010 produced along with the reply affidavit dated 20.10.2011. In the said circumstance, there is no justification for retaining the DCRG payable to the petitioner, submits the learned counsel. -2- W.P.(C) No.29262/2008 3. The learned Government Pleader appearing for the respondents submits with reference to the contents of the counter affidavit that there is a liability to the tune of Rs.8,000/- with interest and that the respondents are entitled to set off the same from the amount payable to the petitioner. There is no dispute with regard to the quantum of DCRG i.e. Rs.3,30,000/- sanctioned as payable to the petitioner. Considering the fact that the said amount was being retained by the respondents for quite long, there is no rationale for realising any interest in respect of the amount stated as due from the petitioner. 4. In the above circumstances, the respondents are directed to disburse the balance amount towards D.C.R.G. after deducting an amount of Rs.8,000/- forthwith, at any rate, within one month from the date of receipt of a copy of this judgment. It is brought to the notice of this Court that the petitioner was placed under suspension from 4.5.2005 to 20.6.2007. It is also pointed out that, but for initiation of disciplinary proceedings no charge memo was ever served to the -3- W.P.(C) No.29262/2008 petitioner. Since the disciplinary proceedings are stated as dropped, the period of suspension is to be regularised. The concerned respondents are directed to pass appropriate orders in this regard as well and the amount due to the petitioner, if any, pursuant to the finalisation of the proceedings as above shall be released to the petitioner within two months. The writ petition is disposed of. P.R.RAMACHANDRA MENON, JUDGE. rka