IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 33985 of 2009(P) -------------------------- PETITIONER(S): --------------- M.T.SKARIA, DEPUTY SUPERINTENDENT OF POLICE (RETIRED), SBCID, KOTTAYAM, RESIDING AT MAKKATTIL HOUSE, VETTOOR P.O., KUMBAZHA, PATHANAMTHITTA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN SMT.DHANYA CHANDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA POLICE HEADQUARTERS, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 33985/2009. --------------------------------------------------------------------- EXT.P1 TRUE COPY OF ORDER DT. 31-8-2007. EXT.P2 TRUE COPY OF CHARGE MEMO ISSUED TO PETITIONER. EXT.P3 ORDER DT. 4-12-2008. EXT.P4 LETTER DT. 13-7-2009. EXT.P5 REPRESENTATION DT. 23-9-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 33985 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd day of March, 2010. J U D G M E N T The petitioner retired from service as a Deputy Superintendent of Police on 30-4-2008. His grievance in this writ petition is that DCRG due to him is not being paid. 2. A statement has been filed on behalf of the 2nd respondent, wherein the only ground stated for non-payment of DCRG is pendency of disciplinary proceedings. But the learned Government Pleader has no case that the disciplinary proceedings involved misconducts involving loss to the Government. That being so, there is no point in withholding the DCRG due to the petitioner. Even if the disciplinary proceedings end in imposition of punishment of reduction in pension, the disbursement of the DCRG would not affect the imposition of punishment. In the above circumstances, the writ petition is disposed of with a direction to the respondents to see that the DCRG due to the petitioner is disbursed within a period of one month from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/