IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 OP.No. 36193 of 2002(H) ------------------------------------ PETITIONER(S): ------------------------ C.A.MARY, LIBRARY ATTENDER, MAHARAJA'S TECHNOLOGICAL INSTITUTE,THRISSUR. BY ADV. SRI.K.SURENDRA MOHAN SRI.K.PAUL KURIAKOSE RESPONDENT(S): -------------------------- 1. THE PRINCIPAL, MAHARAJA'S TECHNOLOGICAL INSTITUTE, THRISSUR. 2. THE PRINCIPAL, COLLEGE OF ENGINERING, THRISSUR. 3. THE COMMISSIONER AND SECRETARY TO GOVERNMENT, HIGHER EDUCATION (A) DEPARTMENT, THIRUVANANTHAPURAM. 4. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.SHYSON P.MANKUZHA FOR R1 TO 4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.61193/2002 IN OP. NO.36193/2002 Dismissed 10.11.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER NO.ED2/24735/94 OF THE DIRECTORATE OF TECHNICAL EDUCATION DT. 30.6.94. P2:- COPY OF THE NON-LIABILITY CERTIFICATE ISSUED BY THE 2ND RESPONDENT. P3:- COPY OF THE OF MEMO DT. 1.1.01 ISSUED BY THE 2ND RESPONDENT. P4:- COPY OF THE PETITIONER'S EXPLANATION TO THE 2ND RESPONDENT DT. NIL. P5:- COPY OF THE LETTER NO.E3/3945/99 ISSUED BY THE 2ND RESPONDENT DT. 10.5.02. P6:- COPY OF THE PETITIONER'S REPLY TO THE 2ND RESPONDENT DT. 27.5.02. P7:- COPY OF THE 3RD RESPONDENT LETTER DT. 5.7.95. P7(a):- COPY OF THE CIRCULAR NO.BPG/J4/JL/94 DT. 6.6.94. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- O.P. No.36193 of 2002 ----------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT Ext.P5 proceedings dated 10-5-2002 of the 2nd respondent is under challenge. The issue pertains to the steps taken by the respondents for recouping the cost of missing library books. Petitioner is appointed under the dying-in-harness scheme. She is only an Attender. She is not the custodian of the books. When recovery steps were initiated the petitioner approached this court and this court granted interim order dated 2-12-2002. It is submitted that the petitioner has retired from service. The stand taken by the second respondent in the counter affidavit is that as per the government order dated 5-9-1983 library staff is responsible for the loss of books in excess of the admissible number that can be written off and the cost of such books will be recovered from the Library staff in equal shares. The total amount to be recovered at the relevant time was Rs.1,15,837/- and that was apportioned among the staff. But it is the OP NO.36193/2002 -:2:- contention of the petitioner that she was never afforded an opportunity for hearing in the matter. Since it is a matter of fixation of liability, any such steps should have been taken only after affording an opportunity for hearing to the petitioner. She is also not informed of the explanation offered by the custodians of the books. Since there is no denial of the contention regarding notice for hearing, the impugned orders are passed in violation of the principles of natural justice. Therefore, the impugned orders are quashed. There is no point in giving another opportunity at this distance of time, particularly in view of the fact that the petitioner is only a last grade employee. The writ petition is allowed as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.36193 of 2002 ----------------------------------- JUDGMENT 10th November, 2008