- 1 - NC: 2025:KHC:4875 WP No. 19265 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 19265 OF 2024 (S-RES) BETWEEN: SHRI. C. CHANNAKRISHNA S/O CHENNAPPA AGED 64 YEARS RETIRED ASSISTANT SUB INSPECTOR, RAILWAY PROTECTION FORCE, R/AT NO.60, KRISHNAPPA LAYOUT, 2ND STREET, NAGASHETTY HALLI, SANJAY NAGAR, BANGALORE, RMV EXTENSION 2ND STAGE, BANGALORE- 560094. …PETITIONER (BY SRI. MANE SHIVAJI HANAMANTAPPA, ADV.) AND: 1. PRINCIPAL CHIEF SECURITY COMMISSIONER CUM INSPECTOR GENERAL RAILWAY PROTECTION FORCE, RAIL SOUDHA, SOUTH WESTERN RAILWAY, GADAG ROAD, HUBBALLI-580020. 2. SENIOR DIVISIONAL SECURITY COMMISSIONER RAILWAY PROTECTION FORCE, BENGALURU DIVISION, SOUTH WESTERN RAILWAY, KRANTIVEER SANGOLLI RAYANNA CIRCLE, BENGALURU-560023. …RESPONDENTS (BY SRI. GOWTHAMDEV C ULLAL, ADV. FOR R1 & R2) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4875 WP No. 19265 of 2024 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R- 2 TO CONSIDERED THE REPRESENTATION DATED 06.11.2023 VIDE ANNEXURE-A AND CONSEQUENTLY DIRECT THE RESPONDENT AUTHORITIES TO RELEASE ALL BENEFITS REQUIRED TO BE PAID BY R-2 TO THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard Sri.Mane Shivaji Hanumanthappa, learned counsel for petitioner and learned counsel Sri.Gouthamdev C Ullal for respondents. Perused the writ petition papers. 2. The petitioner, a retired Assistant Sub-Inspector in the Railway protection Force is before this Court under Article 226 of the Constitution of India, with a prayer to direct the second respondent to consider his representation dated 06.11.2023 (Annexure-A) and consequently to release all retirement benefits of the petitioner. 3. Learned counsel for the petitioner would submit that the petitioner retired from service on attaining the age of - 3 - NC: 2025:KHC:4875 WP No. 19265 of 2024 superannuation on 31.12.2020. On his retirement, the entire pensionary benefits were withheld as departmental enquiry as well as criminal proceedings were pending as on that date. It is submitted that as on this date, the departmental proceedings as well as criminal proceedings are concluded in favour of the petitioner. As there is no proceedings pending either criminal or civil, the petitioner would be entitled for release of all retirement benefits. It is submitted that the respondents have not taken any action to release the withheld retirement benefits even though the departmental proceedings as well as criminal proceedings are concluded. Hence, he prays for a direction to the respondents to consider his representation and release all retirement benefits,. 4. On the other hand, learned counsel Sri.Gouthamdev C Ullal for respondents submits that Leave Salary, Group Insurance amounts have been released and paid to the petitioner. He submits that only DCRG is yet to be released to the petitioner. Learned counsel would submit - 4 - NC: 2025:KHC:4875 WP No. 19265 of 2024 that appropriate decision would be taken on his representation, within a reasonable time. 5. On hearing the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that in the facts and circumstances of the present case, the petitioner would be entitled for a direction as sought in the writ petition. 6. The petitioner admittedly retired from service on attaining the age of superannuation on 31.12.2020. On his retirement, he was entitled for settlement of retirement benefits. But for pendency of departmental as well as criminal proceedings, retirement benefits are withheld. As submitted by the learned counsel for the petitioner, both departmental as well as criminal proceedings are concluded. If the proceedings are concluded, the petitioner would be entitled for release of withheld retirement benefits. Once the proceedings are culminated, the respondent-authority would not possess - 5 - NC: 2025:KHC:4875 WP No. 19265 of 2024 any jurisdiction to withhold the DCRG or pensionary benefits. 7. In the above circumstances, the following order: The writ petition is allowed. The second respondent is directed to consider the representation dated 06.11.2023 (Annexure-A) and pass appropriate order to release the retirement benefits i.e., DCRG amount, if the departmental as well as criminal proceedings are concluded, with admissible rate of interest, in accordance with law, within a period of two months from today. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 24