IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WA.No. 2208 of 2005(A) ---------------------- AGAINST THE JUDGEMENT/ORDER IN OP.34892/2001 Dated 29/09/2005 .................... APPELLANT: PETITIONER: ----------------------------------------- M.D.JOSEPH, JUNIOR SUPERINTEND, ASTO(RETIRED), RESIDING AT MANNANCHERIL HOUSE, ONNAPATTU, AYAVANA P.O., ENANELLOOR, MUVATTUPUZHA. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN SRI.GEORGE T. THACHETT RESPONDENTS: RESPONDENTS; -------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY FOOD AND CIVIL SUPPLIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM . 2. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. DIRECTOR CIVIL SUPPLIES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. K.SANDESH RAJA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.2208 OF 2005 (A) ----------------------------------- Dated this the 17th day of June, 2008 J U D G M E N T KOSHY,J. Disciplinary proceedings were initiated against the petitioner and by Ext.P4 order, one increment of the petitioner was withheld without cumulative effect. He was under suspension from 26.9.1996 to 16.7.1997. When he retired from service on 31.3.2003, question arose regarding how period of suspension should be counted. Only a minor punishment was imposed. We are of the view that imposition of punishment was upheld by the appellate authority and revisional authority and in the absence of compelling reasons it need not be interfered with in a petition filed under Article 226 of the Constitution of India. Only question is how the suspension period has to be treated. 2. The disciplinary authorities stated that the suspension W.A.2208/2005 2 period can be treated as period of eligible leave. He was also paid subsistence allowance during that period. But if he has no leave available, it will be treated as leave without wages. That is the only consequence of the same. The learned Single Judge also directed to settle the entire pensionary benefits and disburse the same within a period of two months. It is also submitted that so far it was not done. The learned Single Judge also stated that if there is any delay for the above, petitioner shall be entitled for interest at the rate of 12% from 1.9.2004 and the officers responsible for the delay shall be personally liable for the same. That decision will continue and petitioner can execute that part of the order. We see no merit in the appeal, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008