K.M.JOSEPH, J.
Petitioner was working as Assistant Director of Agriculture. The petitioner approached the Tribunal in O.A.No.1446 of 2012. The Tribunal found that Annexures -A13 and A17 are to be quashed. Annexure -A13 is the order passed by the disciplinary authority. Annexure -A17 is the order passed in the review petition. The Tribunal found that there is violation of principles of natural justice and it was found that on the said basis Annexures- A13 and A17 orders are to be quashed. But the Tribunal further added that respondent could proceed against the petitioner in accordance with law, if so advised and the claim for promotion was left open. The complaint of the petitioner is that in view of the judgment of the Apex Court reported in Bhupinder Pal Singh v. Director General of Civil Aviation and Others reported in (2003 KHC 937) permitting the respondent to proceed against the petitioner who was retired, would not be proper. The petitioner's pensionary benefits and the promotion in the cadre of Deputy Director of Agriculture were not sanctioned.
O.P.(KAT).No.7 of 2014 2 2. The learned Government Pleader would invoke Rule 3 Part III of the KS & SSR, Rule 59 (b) of Part III and also Rule 116 (5) of Part III. The petitioner retired on 30.11.2013. We dispose of the Original petition as follows:
The respondents shall take a decision without any delay and at the earliest, as to whether they intend to proceed against the petitioner as permissible in law. If they do not intend to proceed with the matter then necessarily the respondents are bound to disburse all the pensionary benefits as per law.
K.M.JOSEPH JUDGE mns/ A.K.JAYASANKARAN NAMBIAR JUDGE