IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 33503 of 2004(L) -------------------------------------- PETITIONER: ------------------- K.KESAVAN, S/O.LATE KRISHNAN, AGED 57, KOCHUPURAYIL HOUSE, NEDUVARAMKODU P.O., ALA VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.S.SREEKUMAR SRI.P.JAYABAL MENON RESPONDENTS: ----------------------- 1. KERALA STATE ELECTRICITY BOARD, VYTHYUTHY BHAVAN, TRIVANDRUM, REP. BY ITS SECRETARY. 2. THE CHIEF ENGINEER, H.R.M., KERALA STATE ELECTRICITY BOARD, VYDHUTHY BHAVAN, TRIVANDRUM. BY ADV. SRI.N.D.PREMACHANDRAN, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 33503/2004 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORD DT. 13.2.02. EXT.P2:- COPY OF THE NON- LIABILITY CERTIFICATE DT. 1.4.2003. EXT.P3:- COPY OF THE PROCEEDING S DT. 2.9.03 OF THE IST RESPONDENT. EXT.P4:- COPY OF THE CERTIFICATE DT. 20.7.00 ISSUED BY V.S.M. HOSPLITAL, THATTARABALAM. EXT.P5:- COPY OF THE REPRESENTATION DT. 13.10.04 FILED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P6:- COPY OF THE G.O.(P) NO.185/02, FIN. DT. 27.3.02. EXT.P7:- COPY OF THE LETTER DT. 29.6.2005 ISSUED BY THE 2ND RESPONDENT TO THE DEPUTY CHIEF ENGINEER , TRANSMISSION CIRCLE, ALAPPUZHA. /TRUE COPY/ P.A. TO JUDGE tss V.GIRI,J. ------------------------- W.P ( C) No.33503 of 2004 -------------------------- Dated this the 3rd April, 2008 J U D G M E N T Petitioner who retired from the service of the Electricity Board on 31.3.2003 is aggrieved by the non-disbursal of the DCRG due to him. Exhibit P2 non-liability certificate has been issued on 1.4.2003. In the statement filed on behalf of the respondents, it is pointed out that non-disbursal of the DCRG is on account of the pendency of vigilance case against the petitioner for offences under Section 7 and 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act and therefore vigilance clearance is awaited as such. 2. The liability, if any, of the Government servant will have to be fixed within a maximum period of three years from the date of retirement. Only such liability could be adjusted against the DCRG's going by Rule 3 Part III of K.S.& S.S.R. Pendency of judicial proceedings as such cannot be taken as a reason for withholding the DCRG beyond a period of three years. W.P ( C) No.33503 of 2004 2 In the result, the writ petition is disposed of directing the 1st respondent to disburse the DCRG due to the petitioner within a period of one month from the date of receipt of a copy of this judgment. This will not stand in the way of the Board taking appropriate proceedings for recovering any loss that may have been caused by the petitioner. (V.GIRI, JUDGE) ma W.P ( C) No.33503 of 2004 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007 W.P ( C) No.33503 of 2004 2 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.