P KARUNAKARAN PILLAI Vs. STATE

JUDGEMENT

(1.) The question in this petition under Art.226 of the Constitution of India is whether the Government of Kerala has, under R.3 of Chapter I of Part III Kerala Service Rules, the authority to withhold the pensionery benefits payable to the Petitioner on the sole ground that a criminal case of misappropriation of public money is pending against him.

(2.) The Petitioner retired on 28-2-1991 as the Principal, Extension Training Centre, Kottarakara. In 1981-82 he was entrusted with a sum of Rs. 1,95,000/- for the purpose of purchasing Charkas. He is alleged to have misappropriated this amount and other sums of money. The event occurred in 1981-82. A Criminal Case No. 4 of 1987 of the vigilance Police Station, Quilon is pending against him. As a result of this, the Respondents, the State of Kerala and the Commissioner of Rural Development, granted him only anticipatory pension of Rs. 829/- per month and denied full pension of Rs. 1,106/- per month, death cum retirement gratuity of Rs. 35,680/- and the commuted . value of pension of Rs. 60,572/-.

(3.) R.3 under which the Respondents have purported to act, occurs in Part III which is titled "PENSION". Under R.3 the Government reserve to itself two rights: