IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WA.No. 1207 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.34192/2005 Dated 11/09/2007 .................... APPELLANT/RESPONDENT: ------------------------------- THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD, REP. BY THE SECRETARY, KHADI BHAVAN, VANCHIYOOR, TRIVANDRUM. BY ADV. SRI.K.P.HARISH RESPONDENT/PETITIONER: ---------------------------------- T.C. KRISHNA NAMBOOTHIRI, BEE KEEPING FIELDMAN (RTD.), RESIDING AT CHANDRAMANA ILLAM, MUTTAM NORTH, THATTARAMBALAM, MAVELIKKARA, ALAPPUZHA DT. BY ADV. SRI.R.RAJASEKHARAN PILLAI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.1207 OF 2008 () ----------------------------------- Dated this the 19th day of June, 2008 J U D G M E N T KOSHY,J. Writ petitioner retired from service on 31.10.2002. At the time of retirement, he was placed under suspension pending enquiry. Even after four years, he was not paid gratuity and retirement benefits. Therefore, he approached this Court. Enquiry proceedings were not completed. Taking all these circumstances, learned Single Judge disposed of the petition with four conditions: (1) The respondent shall finalise the disciplinary proceedings under Ext.P1 in accordance with law, taking note of the observations made above, against the petitioner, within three months from the date of receipt of a copy of this judgment. (2) Needless to say, copy of the enquiry report will have to be forwarded to the petitioner and he must be given adequate opportunity to object to the same. Petitioner will be entitled to take such objections as are W.A.1207/08 2 available to him in law with regard to the veracity of Ext.R1(a) and also the contents of the same. (3) It will be open to the respondent- Board, after completion of the disciplinary proceedings within the time frame mentioned above, to take steps as are available to them in accordance with law for recovery of any amounts that may be due from the petitioner. If such steps are taken it is obviously open to the petitioner to resist such steps by taking all contentions available to him in law including bar of limitation on the right of the respondent to recover any amount from the delinquent official from the DCRG payable to such delinquent official. (4) Subject to any order that the respondent may obtain from any court in any proceedings that may be instituted against the petitioner either on the basis of materials available after completion of the disciplinary proceedings within the time frame mentioned above, or on the basis of the determination of the liability, which is yet to take place, the entire DCRG due and admissible to the petitioner shall be disbursed to him within a period of four months from the date of receipt of a copy of this judgment. Petitioner shall also be disbursed the full pension due to him after adjusting the provisional pension that has already been paid to him, pursuant to Ext.P8, within the same time frame.” We see no ground to differ from the same. Judgment is dated 11.9.2007. Appeal was filed with 60 days delay. Then there W.A.1207/08 3 was representation delay of 91 days also and there is discrepancy on the dates in the appeal memorandum. Only prayer now pressed is to extend the time limit given by the learned Single Judge. On the facts and circumstances of the case, we direct the appellant to pay Rs.3,500/- as costs to the counsel for the respondent within one week from today. If that is paid, time for completing the enquiry proceedings will stand extended by three weeks thereafter and for settling DCRG by another three weeks. With the above observations this appeal is disposed of. 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