IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 28473 of 2008(M) ---------------------------------- PETITIONER(S): -------------------- T.R.SASIDHARAN, S/O.RAMAN PILLAI, AGED 58 YEARS,RETIRED U.D.CLERK, CIVIL SUPPLIES DEPARTMENT, RESIDING AT PALLITHRIKKOVIL, NADAKKAVU.P.O,PIN-682307. BY ADV. SRI.C.K.PAVITHRAN RESPONDENT(S): --------------------- 1. THE DISTRICT SUPPLY OFFICER, PALAKKAD. 2. THE DIRECTOR OF CIVIL SUPPLIES, COMMISSIONARATE OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL(A & E),KERALA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.28473/2008 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDINGS NO.P-07/REVN/506/KK/06-07 DATED 11/12/2006 ISSUED BY 3RD RESPONDENT. P2: COPY OF THE JUDGMENT IN C.C.16/2004 DATED 16/06/2011 BEFORE THE HONOURABLE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THRISSUR. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.28473 OF 2008 -------------------------------------------- Dated this the 25th day of July, 2011 JUDGMENT The petitioner retired from the service of the Civil Supplies Department on 31.7.2005 while working as Upper Division Clerk. It is on being aggrieved by the non-disbursement of DCRG due to the petitioner that this Writ Petition has been filed. 2. A counter affidavit has been filed in this Writ Petition on behalf of the first respondent. In the counter affidavit, it has been stated that the Accountant General had not, initially, authorised the payment of DCRG on account of non-regularisation of the period of suspension of the petitioner from 12.10.1998 to 16.10.1999. That apart, it is stated therein that Vigilance Case No.7/2000 is pending before the Vigilance Court, Ernakulam against the petitioner. It is further stated therein that the DCRG is not disbursed to the petitioner on account of the pendency of the said vigilance case. The petitioner has filed I.A.No.10969 of 2011 in this Writ Petition. Along the said I.A, he has produced judgment in C.C.16 of 2004 (V.C.7/2000/EKM) of the Court of Enquiry Commissioner and Special W.P.(C) NO.28473 of 2008 2 Judge, Thrissur. The said judgment would reveal that the petitioner who was the first accused therein was found not guilty of the offences under Section 13(1)(c) r/w 13(2) of the Prevention of Corruption Act, 1988 and Sections 409, 471, 477A and 120-B of the Indian Penal Code and accordingly, he was acquitted of the charges. On account of the acquittal of the petitioner as per Ext.P2, there cannot be any further impediment for disbursing DCRG to the petitioner. Taking into account the fact that the petitioner had retired from service as early as on 31.7.2005, necessary steps shall be taken by the competent authorities in the matter of disbursement of DCRG to the petitioner expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. It is made clear that in case of failure on the part of the respondents to disburse the DCRG within the above stipulated time, the amount payable to the petitioner would carry interest @ 6% per annum. This Writ Petition is disposed of, accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.28473 of 2008 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.28473 of 2008 4