The Director vs Shaniba Beegum A
2024 Latest Caselaw 26238 Ker

Kerala High Court

The Director vs Shaniba Beegum A on 3 September, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

WP(C) NO. 9864 OF 2024                 1

                                                       2024:KER:67469
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

  THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE

                                   &

                   THE HONOURABLE MR. JUSTICE S.MANU

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                         WP(C) NO. 9864 OF 2024

PETITIONER/S:

    1     THE DIRECTOR
          DIRECTORATE OF SOCIAL JUSTICE, VIKAS BHAVAN, VIKAS
          BHAVAN P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695033

    2     THE SECRETARY TO GOVERNMENT
          DEPARTMENT OF SOCIAL JUSTICE, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    3     THE EXECUTIVE ENGINEER
          PWD BUILDING DIVISION,THIRUVANANTHAPURAM, PIN - 695033

    4     STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
          695001

    5     THE PUBLIC WORKS DEPARTMENT REPRESENTED BY THE
          SECRETARY
          GOVERNMENT OF KERALA, SECREATARIAT, THIRUVANANTHAPURAM,
          PIN - 695001

    6     THE DIRECTOR
          WOMEN AND CHILDREN DEVELOPMENT DEPARTMENT, POOJAPPURA,
          THIRUVANANTHAPURAM, PIN - 695012


          BY ADV GOVERNMENT PLEADER SRI.HARISH K.P.


RESPONDENT/S:

          SHANIBA BEEGUM A
 WP(C) NO. 9864 OF 2024              2

                                                    2024:KER:67469
          W/O ABDUL RASHID K, CHANDANATH, NELLIMOODU,
          MURIKKUMPUZHA P.O, THIRUVANANTHAPURAM DISTRICT, PIN -
          695302



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9864 OF 2024                     3

                                                              2024:KER:67469
                                   JUDGMENT

Dated this the 3rd day of September 2024

A.Muhamed Mustaque, Acg.C.J.

The State has come up in appeal against the order of

Lokayukta. The Lokayukta had directed to disburse the DCRG along with

interest.

2. It is now submitted at the Bar that the entire DCRG

amount has been paid. This submission is recorded. However, the

question regarding interest is left open to be adjudicated before the

appropriate forum. Therefore, the impugned order granting interest is

set aside.

The writ appeal stands disposed of.

Sd/

A.MUHAMED MUSTAQUE ACTING CHIEF JUSTICE sd/

S.MANU JUDGE jm/

2024:KER:67469 APPENDIX OF WP(C) 9864/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE CHARGE SHEET DATED 22-09- 2014 ALONG WITH ENGLISH TRANSLATION

Exhibit P2 TRUE COPY OF THE NOTICE DATED 14-02-2017 ALONG WITH ENGLISH TRANSLATION

Exhibit P3 TRUE COPY OF THE COMPLAINT NO. 926/2017 A WITHOUT EXHIBITS FILED BEFORE THE KERALA LOK AYUKTA, THIRUVANANTHAPURAM

Exhibit P4 TRUE COPY OF THE DEFENCE STATEMENT FILED BY THE 2ND RESPONDENT IN COMPLAINT NO. 926/2017 A BEFORE THE LOK AYUKTA

Exhibit P5 TRUE COPY OF THE DEFENCE STATEMENT FILED BY THE 1ST RESPONDENT IN COMPLAINT NO. 926/2017 A BEFORE THE LOK AYUKTA

Exhibit P6 TRUE COPY OF THE INTERIM ORDER DATED 30-01- 2019 OF THE LOK AYUKTA IN COMPLAINT NO. 926/2017 A

Exhibit P7 TRUE COPY OF THE ORDER DATED 07-06-2003 OF THE LOK AYUKTA IN COMPLAINT NO. 926/2017 A

Exhibit P8 TRUE COPY OF THE ORDER DATED 11.12.2023 OF THE LOK AYUKTA IN COMPLAINT NO. 926/2017 A