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. 16519 of 2007(N) --------------------------------------- PETITIONER: ------------------- G.RAMACHANDRAN NAIR (RETIRED), GENERAL MANAGER (HRD), COCHIN SHIPYARD LTD., RESIDING AT AMBIKA, K.P.VALLON ROAD, KADAVANTHARA, KOCHI-20. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR. RESPONDENTS: ----------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF SHIPPING ROAD TRANSPORT AND HIGHWAYS, DEPARTMENT OF SHSIPPING, NEW DELHI. 2. COCHIN SHIPYARD LTD., REGISTERED OFFICE, ADMINISTRATIVE BUILDING, PERUMANNOOR P.O., P.B.NO.1652, KOCHI-682015, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.S.G, R2 BY ADVS. SRI.M.PATHROSE MATTHAI (SR.), SRI.SAJI VARGHESE. 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.16519/2007-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 01/03/2006 IN CRL.M.A. NO. 226/2006 IN CRL.M.C. NO. 122/2006 OF THIS HON'BLE COURT. EXT.P.2: COPY OF THE PETITION DTD. 20/02/2007 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.3: COPY OF THE LETTER NO. FIN/ESTT/GENL/2006-2007 DTD. 27/02/2007. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE LETTER DTD. 03/08/2006 ISSUED BY THE CBI TO THE R.1. EXT.R2.B: COPY OF THE LETTER DTD. 30/10/2006 ISSUED BY THE JOINT SECRETARY (P&A) & CHIEF VIGILANCE OFFICER, GOVT. OF INDIA, MINSITRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS. //TRUE COPY// P.A. TO JUDGE. prv. T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.16519 of 2007 -------------------------- Dated this the 20th January,2009 J U D G M E N T The petitioner retired from service of the Cochin Shipyard as General Manager (HR) on 31.10.2006. The grievance raised by the petitioner in this writ petition is regarding the non-disbursement of leave encashment of an amount of Rs.3 lakhs and above. 2. The petitioner has been granted the benefits towards DCRG and Provident Fund etc. There was a case registered by the Central Bureau of Investigation against one Sri.P.S. Mani Iyer, General Manager (Materials) and others under Sections 120B read with Section 420 IPC and Section 13(2) read with Section 13 (i) (d) of the Prevention of Corruption Act, 1988 and the case was taken cognizance of C.C No.5/2000. Petitioner was examined as PW 17 therein. While disposing of the above case, learned Special Judge (SPE/CBI)-I made certain remarks against the petitioner. Petitioner has challenged W.P ( C) No.16519 of 2007 2 the same by filing Crl.MC No.122/2006 before this Court and seeking to expunge the remark and by Exhibit-P1 interim order the operation of the judgment has been stayed. The said Crl.M.C is pending. 3. According to the petitioner, there were no grounds to make observations against him. Be that as it may, the question is whether the amount due to him can be withheld in view of the observations contained in the said judgment. Admittedly, no disciplinary action was taken against him based on the said observations of the Special Judge (SPE/CBI)-I prior to his retirement. 4. Counter affidavit filed by the 2nd respondent shows that even though by Exhibit-R2(a), the CBI had requested the Government of India not to release the retirement benefits of the petitioner till the completion of departmental proceedings against him, but no departmental proceedings have been pursued in the matter and there is no order against him directing the recovery of any amount which has been withheld. W.P ( C) No.16519 of 2007 3 5. In that view of the matter, there is no reason to withhold the amount. It is well settled that a retiree cannot be denied the benefits due to him, unless valid proceedings directing recovery of any loss etc has been issued with notice to him. Withholding of the amount is done here without any valid proceedings. Therefore, the petitioner is entitled to succeed in the writ petition. 6. There will be a direction to the 2nd respondent to disburse the leave encashment benefit of 270 days to the petitioner, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.16519 of 2007 4 W.P ( C) No.16519 of 2007 5