STATE OF KERALA Vs. K.JAYAKUMAR

JUDGEMENT

(1.) This original petition has been filed by the State and its officials challenging an interim order dated 12.12.2018 in O.A.No.1873/2018. The original application has been filed by the respondent herein seeking a direction to disburse the pension and other benefits, including DCRG payable to him. The applicant retired from service on 31.05.2018. It was his contention that no proceedings was pending against him, other than an oral enquiry. It is, his further contention that DCRG and other benefits due to him is pending. The Tribunal observed that even though proceedings are pending against the applicant under Rule 3(b) of Part III KSR, it will not stand in the way of disbursement of the pensionary benefits due to the applicant.

(2.) The learned Government Pleader submits that no disciplinary proceedings was initiated against the respondent/applicant prior to his retirement. Government sanction has been obtained to proceed with a disciplinary enquiry and accordingly the Government, by order dated 02.08.2018, has accorded sanction for conducting an enquiry. Pursuant to the same, proceedings were initiated and an enquiry officer had been appointed and an attempt has been made to serve the memo of charges on the delinquent officer. But he had refused to accept the same. The learned Government Pleader submits that other actions also had been initiated against the delinquent officer. Under these circumstances, the Tribunal ought not have issued an interim order directing the disbursement of all the pensionary benefits.

(3.) The learned counsel appearing for the respondent/applicant submits that he has already been paid the pension; but DCRG and other benefits are still due.