THE DIRECTOR OF AGRICULTURE Vs. ALEXANDER I.

JUDGEMENT

(1.) This writ petition is filed by the Director of Agriculture and the Principal Agricultural Officer, Thiruvananthapuram challenging Exhibit P5 order of the Kerala Upa Lok Ayukta directing payment of DCRG to the respondent with interest at 9% per annum from the date of retirement till the date of payment and to recover the amount paid by way of interest from the persons responsible for causing delay in payment of DCRG.

(2.) Heard the learned Government Pleader appearing for the petitioners and the learned counsel for the respondent.

(3.) It is submitted by the learned Government Pleader that the respondent retired from service on 31.3.2007. Exhibit P4 liability certificate was issued on 10.6.2008. Thereafter, the entire amount of DCRG less the liability shown in Exhibit P4 was released to the petitioner. Therefore, it is submitted that the direction of the Upa Lok Ayukta to pay interest at 9% per annum is not justified. It is further contended relying on a bench decision of this Court in State of Kerala v. Bernard (2002(3) KLT 254) that the Lok Ayukta or the Upa Lok Ayukta, as the case may be, can only make a report or recommendation under Section 12 of the Kerala Lok Ayukta Act, 1999. It is therefore, contended that the direction contained in Exhibit P5 to pay interest at 9% per annum could not have been issued by the Upa Lok Ayukta under Section 12 of the Act. The Division Bench of this Court in Bernard's case (supra) held that the power of the Lok Ayukta is neither adjudicatory nor is it empowered to make a binding order. It is further found that even for the issuance of an order for compensation under Section 13, an apportionment of the blame and notice to the officer who has caused delay was a jurisdictional prerequisite. The learned Government Pleader also brought to my notice a decision of this Court in State of Kerala and others v. Sheela S. and others [ILR 2009(2) Ker. 660] in support of his contention that the Lok Ayukta does not have the jurisdiction to adjudicate and issue a positive direction to implement its decision and can only give recommendatory report to the competent authority.