Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 WP(C).No.4015 OF 2020(B) PETITIONER: ANIL CHALIL, NO.930097389, EX BSF CONSTABLE, 99 BN-BSF, CHALIL HOUSE, MANIYUR POST, PAYYOLI, KOZHIKODE, KERALA-679 523 MOB 9496491995 BY ADV. SRI.T.A.RAJAGOPALAN RESPONDENTS:
1 DIRECTOR GENERAL B.S.F., NEW DELHI,PIN-110 001 2 THE COMMANDANT, 99 N,B.S.F.,P.O.SEEMA NAGAR, NADIA DISTRICT, WEST BENGAL,PIN-741 166 3 THE ADDITIONAL DIRECTOR GENERAL, B.S.F., KOLKATA-700001 4 THE DIRECTOR, ACCOUNTS,PAD BSF, NEW DELHI-110 001 5 THE INSPECTOR GENERAL FTR SB, KOLKATA-700001 6 THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA-682031 BY ADVS. SHRI.P.VIJAYAKUMAR, ASG OF INDIA SRI.SUNIL KUMAR KURIAKOSE -GP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Even though there are various assertions, averments and allegations made and urged by the petitioner in this writ petition, when this matter was called today, his learned counsel - Sri.T.A.Rajagopalan, submitted that his client will be satisfied if the 2nd respondent-Commandant is directed to take up Exts.P5 and P8 representations of his client and dispose it of in terms of law.
2. Sri.Rajagopalan submitted that he is
making the afore request because, the only issue that stands as an impediment to his client's request for fixation of his retirement benefits is that two criminal cases were pending against him; but that this is no longer relevant because the competent Criminal Courts have acquitted him in both. He added that no appeal has been preferred by the prosecution against his client for more than two years and therefore, that nothing now stops the 2nd respondent from considering his request made in Exts.P5 and P8.
3. The learned Assistant Solicitor
General of India - Sri.P.Vijayakumar, submitted that if the petitioner only requires Exts.P5 and P8 to be taken up and disposed of by the 2nd respondent, there is no legal impediment in doing so; but prayed that this Court may not make any affirmative declarations on the entitlement of the petitioner to any relief and leave it to the competent Authority to take an appropriate decision thereon. In the afore circumstances, I order this writ petition and direct the 2nd respondent to take up Exts.P5 and P8 representations of the petitioner and dispose them of, after affording him an opportunity of being heard - either physically or through video conferencing - thus culminating in an appropriate order thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this
judgment.
Sd/- DEVAN RAMACHANDRAN RR JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED 03.09.2011 EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT DATED 08.06.2017 EXHIBIT P3 THE TRUE COPY OF THE PROVISIONAL PENSION ORDER DATED 18.07.2017 EXHIBIT P4 THE TRUE COPY OF THE RELEVANT AND
OPERATIVE PORTIONS OF THE JUDGMENT
OF THE HONOURABLE COURT OF SESSIONS, KOZHIKODE DATED 08.07.2019 EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION DATED 14.10.2019 EXHIBIT P6 THE TRUE COPY OF THE REMINDER DATED 10.12.2019 EXHIBIT P7 THE TRUE COPY OF THE LETTER DATED 20.12.2019 EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION DATED 14.01.2020