State of Kerala vs P. Surendran Nair

Thottathil B. Radhakrishnan, J.—Heard.

This writ appeal is filed by the State of Kerala.

Memo of charges was issued to the respondent, who was a police officer. The Government referred that matter to the Vigilance Tribunal. The Tribunal enquired on that in terms of the provisions of the Kerala Civil Services(Vigilance Tribunal) Rules, 1960. Though the Tribunal submitted its report, the Government did not take any action on it, till 30.01.2014, the date of superannuation of the petitioner. Thereafter, show cause notice was issued on him to show cause against proposed compulsory retirement. The learned single Judge has quashed it and has ordered that the petitioner will be entitled to all consequential benefits as if he continued in service without the punishment of removal from service. The State was directed to fix and pay to the petitioner all service benefits including pensionary benefits. The learned single Judge has clarified that the Government will be free to take steps under Rule 59(b) of Part-III of the Kerala Service Rules (hereinafter referred to as "KSR", for short).

Under Rule 59(b) of Part-III KSR, the Government would have certain powers in relation to the reduction of pension. (See for support N. Raveendran Nair Vs. State of Kerala and Others . Rule 3 of Part-III KSR, which has different components, particularly authorizes the Government, the right of withholding or withdrawing pension or part of it, whether permanently or for a specified period. This is a right inherent in the Government and which is reserved to it in terms of that piece of legislation. So much so, the Government would be entitled to do that, if it is found necessary and fit, to be done on the facts and circumstances of the case in hand.

In the result, the writ appeal is ordered modifying the impugned judgment to the effect that the Government will be at liberty to take appropriate action in accordance with law, as may be found just, fit and proper, in terms of Rules 3 and 59(b) of Part-III KSR and the retirement benefits due to the petitioner shall be released on such basis. Let that be done within an outer limit of three months from the date of receipt of a certified copy of this judgment, without fail. No costs.