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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, K. BABU, JJ.
R. Ajai Chandra S/o P. Rajaratnam – Petitioner
Versus
The Director Agricultural (E&A) Department, Thiruvanathapuram – Respondent
O.P. (KAT) No. 110 of 2019
Decided On : 09-03-2021
KSR – Rule 3 – Indian Penal Code, 1860 – Sections 409, 468, 471 and 120 – Constitution of India, 1950 – Articles 226 and 227 – Gratuity – Pension – Disbursement – Prayers in instant Original Petition (KAT) filed under Articles 226 and 227 of the Constitution of India are as To call for the records leading to Exhibit P1 order in O.A. No. 2026/2018 dated 9.11.2018 rendered by the Kerala Administrative Tribunal Thiruvananthapuram and set aside the same – Any other appropriate Order or Direction as this Hon'ble Court deem fit in the interest of justice – Prayers in the instant Ext.P-2 Original Application, O.A. filed by the petitioner herein before the Kerala Administrative Tribunal, Thiruvananthapuram Bench are as To call for the records leading to Annexure A2 proceeding and direct the respondents to sanction and disburse Full Pension, Death-cum- Retirement Gratuity and commuted value of pension to the applicant by reckoning the qualifying service of 24 years with all consequential benefits including 9% interest per annum for delayed payment from the date of due till the date of actual disbursement.
Finding of the court :
Show cause notice should be issued to the petitioner within 2 weeks from the date of receipt of a certified copy of this judgment pointing out the factual circumstances disclosed in the said judgment of conviction and as to the provisional view of the Government as to how has been involved manner a case of grave misconduct and negligence is made against the petitioner on the basis of the fact findings in the said judgment of conviction rendered by the criminal court. – It is ordered that the respondents will immediately release the full amount of DCRG to the petitioner along with the interest thereon at the rate of 6% per annum for a period from 2 months after his retirement viz. 01.08.2017, upto the date of actual payment. – It is further ordered that in case the respondents in the O.A. does not pay the said full amount of DCRG along with interest thereon at the rate of 6% per annum at the time limit stipulated hereinabove, within a period of 2 months from the date of receipt of a certified copy of this judgment, then the said interest amount will stand enhanced at the rate of 8% per annum from 01.08.2017 upto the date of actual payment of the full amount of DCRG to the petitioner. – Petitioner may file his reply thereto to the said show cause notice and the competent authority of the Government, after affording reasonable opportunity of being heard to the petitioner either in person or through his authorised representative/counsel, if any, if he so chooses and may pass final orders in terms of the operative portion of Rule 3 Part III KSR and also take a decision as to whether the said fact findings in the judgment of conviction rendered by the criminal court would disclose the case of grave misconduct or negligence as understood in the said Rule and if so, whether any part of the pension of the petitioner should be temporarily or permanently withheld or withdrawn, etc. as conceived in the operative portion of Rule 3 Part III KSR. – It is made clear that in case the petitioner succeeds in the criminal appeal filed against the judgment of conviction and the conviction is reversed by the Appellate criminal court, etc. then the abovesaid adverse orders, if any, passed under Rule 3 Part III KSR should be reviewed by the competent authority of the state Government at the appropriate time after the rendering of such criminal appellate judgment by the criminal appellate court, concerned – In the light of these aspects it is ordered that the contra view taken by the Tribunal in the instant case as per the impugned Ext.P1 final order in O.A. is illegal and improper and the said impugned Ext.P1 order will stand set aside –
Result :Petition Disposed of.
JUDGMENT :
ALEXANDER THOMAS, J.
1. The prayers in the instant Original Petition (KAT) filed under Articles 226 and 227 of the Constitution of India are as follows (See Page No. 8 of the paper-book of this O.P):
(ii) Any other appropriate Order or Direction as this Hon'ble Court deem fit in the interest of justice.”
2. Heard Sri. P.V. Mohanan, learned Advocate instructed by Sri. P.N. Biju, learned counsel appearing for the petitioner in the O.P/sole applicant in the O.A. before the Tribunal and Sri. B. Vinod, learned Senior Government Pleader appearing for the respondents in the OP/respondents in the O.A. before the Tribunal.
3. The prayers in the instant Ext.P-2 Original Application, O.A. No. 2026/2018 filed by the petitioner herein before the Kerala Administrative Tribunal, Thiruvananthapuram Bench are as follows (See Page No. 30 of this paper-book):
(ii) Any other appropriate order, direction as this Hon'ble Tribunal deem fit in the interest of justice.”
4. The Tribunal after hearing both sides has rendered the impugned Ext.P-1 final order dated 09.11.2018 in O.A. No. 2026/2018, whereby the main pleas of the petitioner for quashment of the impugned Anx.A2 order and for directions for disbursal of DCRG, full pension and commuted value of pension, etc. have been declined on the ground that though the judicial proceeding has been concluded by the judgment of conviction rendered by the criminal court, the same has to be treated as continuing as the petitioner/applicant has filed a criminal appeal to challenge the said judgment of conviction and since the appeal is to be treated as continuation of the original proceedings, the original judicial proceedings should be treated as continuing even now and hence no final orders can be passed under Rule 3 Part-III Kerala Service Rules (KSR), etc. It is this impugned final order rendered by the Tribunal at Ext.P-1 that is under challenge in this original petition.
5. The facts in this case are not disputed. While the petitioner was serving as Agricultural Officer in the Agriculture Development and Farmers Welfare Department, a vigilance case was registered against him as crime by way of FIR in a vigilance case was registered against him on 14.09.2007. The case was investigated by the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Kollam unit in the FIR/Crime, V.C. No. 7/2007/Kollam, alleging that the petitioner has committed offences as per Section 13(1)(c) of the Prevention of Corruption Act read with Section 409, 468, 471, 120B of the Indian Penal Code. Later it appears that the vigilance police authorities concerned viz. the Vigilance and Anti-Corruption Bureau had completed the criminal investigation and had filed the final report/charge sheet, pursuant to which the Court of Enquiry Commissioner and Special Judge has taken cognizance of the offences alleged against the petitioner which led to the institution of calendar case, C.C. No. 17/2012 on the file of the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram. It is later that the petitioner has retired from service on 31.05.2017. Subsequently, the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram, has completed the trial in this case and has pronounced judgment dated 06.08.2018 in C.C. No. 17/2012, whereby the petitioner has been convicted for the offences as per Section 13(1)(c) of the Prevention of Corruption
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