M LEELAMONY AMMA Vs. SECRETARY

JUDGEMENT

(1.) The petitioner is a retired Chief Engineer of Kerala Government. In the course of her service, during the last phase, she had been posted to Project I, Kozhikode on 30.6.1995. She was thereafter transferred as Chief Enginer, Project III, Kottarakara and joined the new station on 12-2-1996. On 30-9-1996 she was transferred and posted as Chief Engineer (Designs), IDRB, Trivandrum and had retired from service on 31.01.1997.

(2.) On the eve of her retirement, on 29-01-1997 a First Information Report is seen to have been registered at the Vigilance Police Station, Palakkad. She was the second accused therein and the report disclosed offences under the Prevention of Corruption Act, 1988 read with Sec. 402 and other sections of the Indian Penal Code. A copy of the FIR is produced as Ext. P1 and it is seen to have been forwarded to the Enquiry Commissioner and Sub Judge, Kozhikode. As could be seen from Ext. P1, the allegation is that the accused had made wrongful gains and caused corresponding loss to the government, in the matter of certain contract works relating to Kuriyarkutty-Karappara Irrigation Project. The proceedings were initiated on the basis of the report of the Senior Audit Officer some time during 1996.

(3.) After the petitioner's retirement, the pension papers had been put up, but full pension to her was not sanctioned. The reason shown was that the amount of commuted value of pension could be arrived at only on finalizing the vigilance case that was pending. Against this stand taken by Ext. P4 the petitioner had filed Ext. P5, but since no response was forthcoming, the Original Petition had been filed.