IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 30664 of 2008(A) -------------------------------------- PETITIONER: ------------------- P.RAMACHANDRAN, S/O. KANNAN NAMBIAR, RETD. FOREST RANGE OFFICER, KASARAGOD, AGED 56 YEARS, LAKSHMI NIWAS, ARAVINDA GHOSH ROAD, POST PUDUPPANAM, VATAKARA TALIUK, KOZHIKODE DISTRICT. BY ADVS. SRI.B.KRISHNAN, SRI.R.PARTHASARATHY. RESPONDENTS: ----------------------- 1. THE DIVISIONAL FOREST OFFICER, KANNOTHUMCHAL, POST THANA, KANNUR. 2. STATE OF KERALA WITH ADDRESS FOR SERVICE SECRETARY (FOREST), THIRUVANANTHAPURAM. 3. ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.30664/2008-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PAGE OF PENSION PAYMENT ORDER ISSUED TO THE WRIT PETITIONER DTD. 31/05/2007 FROM THE OFFICE OF ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM FOLLOWING HIS RETIREMENT. EXT.P.2: COPY OF THE GRATUITY PAYMENT ORDER ENDORSED TO THE WRIT PETITIONER DIRECTING PAYMENT OF RS.2,82,959/- FROM THE OFFICE OF THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM DTD. 31/05/2007. EXT.P.3: COPY OF THE REPRESENTATION BY THE WRIT PETITIONER TO THE R.1. FOR IMMEDIATE PAYMENT OF THE DCRG OF RS.2,82,959/- DUE TO THE WRIT PETITIONER. EXT.P.4: COPY OF THE REQUEST UNDER RIGHT TO INFORMATION ACT BY THE WRIT PETITIONER TO THE R.1. EXT.P.5: COPY OF THE DOCUMENT OF INFORMATION FURNISHED TO THE WRIT PETITIONER BY THE R.1. EXT.P.6: COPY OF THE DIRECTIONS TO TRANSPORT ARTICLES ONLY IN COMPLETED CASES. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.30664 of 2008 -------------------------- Dated this the 20th January,2009 J U D G M E N T The petitioner retired from service as Forest Range Officer on 30.4. 2007. As per Exhibits P1 and P2, the competent authority has sanctioned pension as well as gratuity payable to him under the rules. Exhibit-P2 shows that an amount of Rs.2,82,959/- has been sanctioned as gratuity. The same has not been released to him so far. According to the petitioner, there were no disciplinary proceedings against him while he was in service and no amount has been quantified as liability due from him. 2. First respondent has filed a counter affidavit. It is stated that while he was working as Range Officer, Kasargod, the Sandalwood godown was under his personal control. Somebody had opened the said godown resulting in theft of elephant tusks and sandalwood. For the said crime, a Crime No.493/CBKNR/05 under Sections 457, 395, 461 IPC of W.P ( C) No.30664 of 2008 2 Crime Branch, CID has been registered and the same is pending. The loss caused by the theft of said articles was estimated at Rs.1,57,116/-. It is stated that liability of the officer can be fixed only after finalisation of the case or recovery of lost articles. It is also stated that non- disbursement of DCRG is due to non-completion of enquiry and receipt of report from the Superintendent of Police, CBCID in the above crime. 3. It is not the case that the petitioner is an accused in the said case. Hence the pendency of the investigation therein cannot prejudice his rights to draw DCRG. Now the question is whether the same can be released to him pending finalisation of the above criminal case. Going by the Ruling No.5 of Rule 116 (1) of Part III of K.S.R, “ if the liabilities could not be finalised but could be estimated at the time of retirement, pension and death- cum-retirement gratuity will be released after accepting a surety bond or cash deposit or after withholding from the death-cum-retirement gratuity the estimated amount of the outstanding dues plus 25% thereof.” This is a case where there has not been any estimation of the amount of the W.P ( C) No.30664 of 2008 3 liability. 4. In that view of the matter, going by the said ruling the amount of DCRG could be disbursed by accepting a surety bond from the petitioner. 5. In Exhibit-P5 report forwarded by the Divisional Forest Officer, Kasargod such a course of action is mentioned. 6. It is clear from Exhibit-P5 that other liabilities are not there except an amount of Rs.1540/- and another amount of Rs.2219/ from the Malayattoor Forest Division. Regarding the recovery of said liability, the 1st respondent can issue appropriate orders with intimation to petitioner. The balance amount of DCRG less the said amount of liability could be released to him on execution of security bond as directed above. Appropriate action shall be taken within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is allowed as above. No Costs. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.30664 of 2008 4 W.P ( C) No.30664 of 2008 5