IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 690 of 2009(F) ---------------------------------- PETITIONER(S): ---------------------- V. SHAHUL HAMEED, PEERU VEEDU (A.V.M), VETTIPRAM MURI, PETTAH, PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK. (RETIRED FROM SERVICE AS CIRCLE INSPECTOR OF POLICE). BY ADV. MR.K.RAVEENDRAN MR.ANIL KUMAR M.SIVARAMAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, HOME(H), DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY SECRETARY (H) HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS,THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 690 of 2009 --------------------------------------------------- Dated this the 13th day of March, 2009 JUDGMENT The petitioner retired from service as Circle Inspector of Police on 30.6.2006. As on the date of retirement he was working in the Special Branch (CID), Thiruvananthapuram. Ext.P1 is the order by which gratuity has been sanctioned to him by the Accountant General. The same is dated 18.1.2008. For want of Non Liability Certificate, he could not get the amount so far. Exts.P2, P3 & P4 are representations filed by him before the Director General of Police, the Deputy Secretary (H), Home Department and the Additional Chief Secretary to Government. In these circumstances, he has approached this Court, seeking for a direction to dispose Exts.P2, P3 and P4 and to disburse the Provident Fund, Gratuity and other allowances with 10% interest. 2. The learned Government Pleader on instruction submitted that a disciplinary action was initiated against him concerning an investigation of a criminal case under Section 302 IPC in Sessions Case No.229 of 2004 of the Additional Sessions Court, Manjeri. This was pursuant to the strictures passed by the Apex Court in WPC:690 OF 2009 2 the judgment dated 4.7.2005. An oral enquiry was conducted but he did not co-operate with the enquiry. 3. The Government initiated action against him under Rule 59(b) Part III of the KSR and accordingly after receipt of the details, a show cause notice was issued on 14.5.2008. He submitted his reply raising various legal objections in the matter. Now a final decision in the matter will have to be taken by the Government and it is submitted that the retirement benefits will be disbursed after passing final orders. 4. The learned counsel for the petitioner submits that since he had retired from service on 30.6.2006, the Government may be directed to take a final decision within a reasonable time. 5. In the result, the writ petition is disposed of directing the first respondent to take a final decision in regard to the proceedings initiated under Rule 59(b) of Part III of the KSR within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. T.R.RAMACHANDRAN NAIR, JUDGE bps