IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 OP.No. 14386 of 1999(K) ----------------------- PETITIONER: ------------ V.KRISHNAN, POKKALATH HOUSE, GOVERNMENT ARTS & SCIENCE COLLEGE PO., KOZHIKODE. BY ADV. SRI.P.SANTHALINGAM ADV.SHRI A.D.SHAJAN RESPONDENTS: ---------------- 1. DISTRICT PANCHAYATH OFFICER, MALAPPURAM. 2. PANCHAYATH ASST.DIRECTOR, MALAPPURAM. 3. ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL (A&E), KERALA, TRIVANDRUM. 4. DEPUTY DIRECTOR OF PANCHAYATH, MALAPPURAM. 5. STATE OF KERALA, REP:BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SHRI K.SANDESH RAJA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN OP.14386/99 PETITIONER'S EXTS: EXT.P1: A TRUE COPY OF THE SHOW CAUSE NOTICE C.1-18466/95(1) dated.26.3.1997 ISSUED BY THE 2ND RESPONDENT. EXT.P2: A TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER DTD.2.5.1997 TO THE 2ND RESPONDENT. EXT.P3: A TRUE COPY OF THE EXPLANATION DTD.4.6.97 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P4: A TRUE COPY OF THE JUDGMENT IN O.P.No. 3030/98 DTD.6.3.1998 OF THIS COURT. EXT.P5: A TRUE COPY OF THE ORDER NO.C1.8466/95(1) DTD.17.8.98 ISSUED BY THE 2ND RESPONDENT. EXT.P6: A TRUE COPY OF THE NON-LIABILITY CERTIFICATE DTD.17.8.08 SIGNED BY PENSION SANCTIONING AUTHORITY, MALAPPURAM. EXT.P7: A TRUE COPY OF THE ORDER NO.C1 8466/95 DTD.13.8.98 ISSUED BY THE 4TH RESPONDENT. P.N.RAVINDRAN, J. ---------------------------------------- O.P.No.14386 OF 1999-K ------------------------------------- DATED THIS THE 5TH DAY OF FEBRUARY, 2008 J U D G M E N T The petitioner retired from service on 31.10.1995 while he was working as Special Grade Secretary at Parappanangadi Grama Panchayat. Long after the petitioner retired from service, the second respondent issued Exhibit P1 notice dated 26.3.1997 calling upon him to show cause why the sum of Rs.64,151.11 should not be fixed as his liability and adjusted against the DCRG payable to him. On receipt of Exhibit P1, the petitioner submitted Exhibit P2 reply dated 2.5.1997 and Exhibit P3 reply dated 4.6.1997. Even thereafter, when steps were not taken to disburse the death-cum-retirement gratuity, the petitioner filed O.P.No.3030/98 in this Court. By Exhibit P4 judgment delivered on 6.3.1998, this Court, directed the respondents to fix the liability, if any, against the petitioner and to disburse the DCRG due to him within three months from the date of receipt of a copy of the judgment. Thereafter, by Exhibit P7 proceedings dated 13.8.1998, the Deputy Director of Panchayats, Malappuram, the O.P.No.14386/99-K 2 4th respondent herein fixed the liability of the petitioner. The 4th respondent has in Exhibit P7 determined the liability of the petitioner as Rs.61,195.80. Exhibit P7 is under challenge in this original petition. 2. I have heard Shri P.Santhalingam, the learned counsel appearing for the petitioner and Shri K.Sandesh Raja, the learned Government Pleader appearing for the respondents. The learned counsel appearing for the petitioner submitted that while passing Exhibit P7, the 4th respondent has not considered the material objections raised by the petitioner in Exhibits P2 and P3. The learned counsel brought to my notice that the petitioner had in Exhibits P2 and P3 dealt with every item of expenditure held under objection and that as regards the Nedumbassery Grama Panchayat, the petitioner had in Exhibit P2 brought to the notice of the authorities concerned that the work was tendered by the Engineering Department and that his role was only confined to the issuance of cheque for payment of the bill. The learned counsel for the petitioner submitted that the 4th respondent has not, while passing Exhibit P7, taken note of the contentions set out by the O.P.No.14386/99-K 3 petitioner in Exhibits P2 and P3. The learned counsel also submitted that the 4th respondent has relied on materials collected behind his back, after Exhibits P2 and P3 were submitted, to hold him liable for the sum of Rs.61,195.80. 3. Shri K.Sandesh Raja, the Learned Government Pleader appearing for the respondents contended that the liability was fixed after notice and that Exhibit P7 has been passed in strict compliance with the principles of natural justice and in accordance with the statutory provisions. 4. I have considered the rival contentions. On going through Exhibit P7, I notice that the 4th respondent has not dealt with the explanation given by the petitioner in Exhibits P2 and P3 before holding him liable for the sum of Rs.61,195.80. The 4th respondent has not in Exhibit P7 referred to any one of the contentions raised by the petitioner in Exhibits P2 and P3. A reading of Exhibit P7 discloses that the 4th respondent has only referred to the show cause notice and come to the conclusion that the proposal in the show cause notice is liable to be confirmed. In my opinion, the 4th respondent ought to have considered every one O.P.No.14386/99-K 4 of the contentions raised by the petitioner in Exhibits P2 and P3 and given reasons for not accepting the same. The 4th respondent has acted mechanically in passing Exhibit P7 and a reading of Exhibit P7 discloses that the 4th respondent has not applied his mind to the issue before him. The failure of the 4th respondent to refer to and deal with the contentions raised by the petitioner in Exhibits P2 and P3, has resulted in manifest injustice. 5. I therefore set aside Exhibit P7 and remit the matter back to the 4th respondent. The 4th respondent shall pass fresh orders in the matter, taking note of the contentions raised by the petitioner in Exhibits P2 and P3 and after affording the petitioner a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from today. The original petition is allowed as above. No costs. P.N.RAVINDRAN, JUDGE. dsn O.P.No.14386/99-K 5 P.N.RAVINDRAN,J. ----------------------- O.P.No.14386/99-K J U D G M E N T 05.02.2008