STATE OF KERALA Vs. JOSE

JUDGEMENT

(1.) The point that arises for consideration in this case is whether a Government servant can be denied interest on the delayed payment of pensionary benefits when a vigilance case is registered against him regarding affairs unrelated to his service in the Government.

(2.) The respondent retired from the police service as a Sub Inspector on 31/07/2017. He was an office bearer of the Kerala Police Association and its official magazine, Kaval Kairali. The Kerala Police Association was formed based on the permission granted by the Government in the year 1979. It is neither a State agency nor does the Government have any decisive role in its affairs. Based on a complaint made by the newly elected office bearers, an FIR was registered on 09/03/2016 by the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Thiruvananthapuram, against the respondent. The allegations in the FIR were in regard to the misappropriation of the funds of the Association. A final report dtd. 09/01/2020 was submitted before the Vigilance Court. In the report, it was stated that the allegations are unsubstantiated. It was also stated that the Association is an independent body and does not receive any financial assistance from the Police Department or the Government. Furthermore, it was asserted that the office bearers of the Association and Kaval Kairali would not come under the purview of the Prevention of Corruption Act, 1958. The final report was accepted by the Enquiry Commissioner and Special Judge, Thiruvananthapuram and an order was passed on 12/06/2020 closing all the further proceedings in the above case. Subsequently, the Accountant General sanctioned the respondent's pensionary benefits on 01/12/2020.

(3.) Since the respondent was not paid interest on the pension withheld, he approached the Tribunal. The Tribunal ordered payment of interest at the rate of 7% from 01/01/2018 till the date of payment of pensionary benefits. This order is challenged by the State before this Court in this Original Petition.