LAWS(KER)-2003-6-47

STATE OF KERALA Vs. G KUTTAN PILLAI

Decided On June 24, 2003
STATE OF KERALA Appellant
V/S
G.KUTTAN PILLAI Respondents

JUDGEMENT

(1.) STATE is aggrieved by the direction in the impugned judgment to disburse pensionary benefits to the petitioner within three months form the date of receipt of a copy of the judgment. The first respondents herein retired from service on 31-8-99. From judgment itself, it is discernible that first respondent had been placed under suspension pending enquiry with effect from 14-8-98 and the enquiry by the Vigilance and Anti corruption Bureau was pending against the petitioner. When one had been placed under suspension, necessarily, going by explanation under Rule 3 Part III, of K.S.R., the departmental proceedings shall be deemed to be instituted against the employee concerned. When departmental proceedings are pending, going by Rule 3A(a), he is only entitled to provisional pension and he is not entitled to gratuity or D.C.R.G. till proceedings are finalized. Therefore, direction in the judgment, when the departmental proceedings are initiated against him with effect from 14-8-98 as noted in the judgment itself, is clearly violative of Rule 3 A (a). Necessarily, the impugned judgment has to be set aside. We do so. Vigilance Enquiry pending against him shall be completed at any rate within the basis of the report of that enquiry. The Writ Appeal is allowed, no costs.