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High Court of KeralaWP(C)/8968/2011disposed of

B.S.Radhakrishnan v. Kerala State Electricity Board

2015-02-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936 WP(C).No. 8968 of 2011 (U) --------------------------- PETITIONER(S):

------------- B.S.RADHAKRISHNAN, (RETIRED CHIEF ENGINEER (CIVIL), KERALA STATE ELECTRICITY BOARD PATTOM, THIRUVANANTHAPURAM) NOW RESIDING AT 112 SANKAR NAGAR, KAIMANAM P.O.

THIRUVANANTHAPURAM-695 040.

BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S):

-------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM, PIN 695 004.

R,R1 BY ADV. SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8968 of 2011 (U) APPENDIX PETITIONER'S EXHIBITS:

EXT P1 :

TRUE COPY OF THE ORDER NO.ESTT.III/191/2001 DATED 27.02.2008 OF THE CHAIRMAN OF THE KERALA STATE ELECTRICITY BOARD. EXT P2 :

TRUE COPY OF the JUDGMENT DTD 16.09.2009 IN W.P(C). NO.16073/2009-D OF THIS HONOURABLE COURT EXT P3 :

TRUE COPY OF THE ORDER DATED 30.10.2014 OF the COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THRISSUR RESPONDENT'S EXHIBITS:

EXT R1(a) :

TRUE COPY OF THE G.O(P)NO.803/02/Fin. DATED 30.12.2002 EXT R1(b) :

TRUE COPY OF THE ORDER DATED 26.05.2003 True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.8968 of 2011 ============================ Dated this the 12th day of February, 2015

JUDGMENT

Petitioner was retired from the Kerala State Electricity Board as Chief Engineer (Civil) on 29.02.2008. Petitioner approached this Court seeking a direction to disburse entire retiral benefits due to him.

2.

It is submitted by learned Standing Counsel for the Board that it is on account of pendency of vigilance case against the petitioner, his retiral benefits were not disbursed. 3.

Petitioner along with I.A.No.920 of 2015 has produced the order passed by the Enquiry Commissioner & Special Judge, Thrissur. The above order is a closure report of the case against the petitioner based on Enquiry Commissioner's finding that no amassment found.

4.

If there are no other case pending against the petitioner, entire retiral benefits shall be disbursed to him within a period of two months from the date of receipt of a copy of this judgment. Question relating to interest is left open.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/18/02/15