IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 36615 of 2009(V) -------------------------------------- PETITIONER(S): ---------------------- K.P.UMADEVI, ACCOUNTANT AT BALASEVIKA TRAINING CENTRE, KOZHIKODE, W/O. SASIDHARAN M.P., AGED 45 YEARS, 'ULLAS', BYEPASS ROAD, THIRUVANNUR, KOZHIKODE-29. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): ------------------------- 1. KERALA STATE COUNCIL FOR CHILD WELFARE, REPRESENTED BY ITS GENERAL SECRETARY, THIRUVANANTHAPURAM. 2. PRINCIPAL, BALASEVIKA TRAINING CENTRE, CHEVAYOOR, KOZHIKODE. R1 BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.RAFEEK. V.K. SRI.BENOJ C AUGUSTIN SRI.PRATHAP PILLAI R2 BY GOVERNMENT PLEADER SRI.K.SANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO. 36615/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CIRCULAR NO.1385/99/KSCCW DATED 8/7/1999 ISSUED BY THE 1ST RESPONDENT. P2 COPY OF THE MINUTES OF THE MEETING OF THE COUNCIL DATED 10/6/2004. P3 COPY OF THE LTTER NO.E2-2552/2004/KSCCW DATED 16/9/2004 OF THE ADMINISTRATOR TO THE PRINCIPALS OF ANGANWADI WORKERS TRAINING CENTRES/BALASEVIKA TRAINING INSTITUTES. P4 COPY OF THE MEMO OF CHARGES NO.E2-442/2004/KSCCW DATED 25/10/2004 ISSUED TO THE PETITIONER BY THE ADMINISTRATOR. P5 COPY OF THE REPRESENTATION DATED 3/11/2004 SUBMITTED BY THE PETITIONER. P6 COPY OF THE ORDER NO.A/431/2008/KSCCW DATED 16/1/2008 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT. P7 COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 22/2/2008. P8 COPY OF THE DETAILS VOUCHERS PRODUCED BEFORE THE SUPERINTENDENT OF THE 1ST RESPONDENT ON 7/1/2005 FOR RS.41,097/-. P9 COPY OF THE DEMAND DRAFT SENT TO THE 1ST RESPONDENT ON 11/8/2008. P10 COPY OF THE REPRESENTATION DATED 1/9/2008 OF THE PETITIONER SUBMITTED TO THE 1ST RESPONDENT. P11 COPY OF THE LETTER NO.TRG/B1/419/JKSCCW/2009 DATED 24/3/2009 OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.36615 Of 2009 ----------------------------------------------------- DATED THIS THE 23rd DAY OF NOVEMBER, 2010 J U D G M E N T This Writ Petition is filed by the petitioner, who is an Accountant in the Kozhikode Balasevika Training Centre, aggrieved by the proceedings for recovery of an amount of Rs.31,464/- from her, as evident from Exhibits P6 and P11. The petitioner's case is the following. 2. The petitioner is working as Accountant-cum-Typist in the Kozhikode Balasevika Training Centre from 8.11.1985 onwards. One Smt.Kamala was the Principal at that point of time, who died on 25.7.2004. It is stated that during the financial years 2002-03, 2003-04 and 2004-05, huge amounts were due to the Training Centre from the 1st respondent and since sufficient funds were not there, the Principal herself was collecting the fees and doing the financial dealings. Ultimately a meeting was held on 10.6.2004 of the Principals and the decisions thereon are recorded in Exhibit P2 which is the copy of the minutes. It is specifically stated in Exhibit P2 that the arrears towards contingency funds of the Kozhikde Training Centre will W.P.(C)No.36615/09 -2- be disbursed without delay. 3. After the death of the Principal, the charge of the Centre was given to the Principal of the Thrissur Balasevika Training Centre, by way of additional charge. A report was sent by her to the Secretary and based on the same, the petitioner was issued memos proposing disciplinary action and recovery of an amount of Rs.81,317/-. The petitioner submitted Exhibit P5 explanation for the same. Thereafter, Exhibit P6 communication was issued stating that the petitioner will be issued notice in the matter and she will have to remit an amount of Rs.31,464/- which is the 50% of the total amount of Rs.62,927/-. The petitioner again submitted a representation as per Exhibit P7 producing various materials as well as 139 vouchers which are listed in Exhibit P8. Exhibit P9 is the demand draft for Rs.25,000/- that was paid in favour of the General Secretary of the Kerala State Council for Child Welfare. Thereafter, a further representation was submitted as per Exhibit P10. According to the petitioner, if these amounts are reckoned, there will not be any liability as far as the petitioner is concerned. But, still without referring to anything, by Exhibit P11, the petitioner was W.P.(C)No.36615/09 -3- given a reply directing her to remit an amount of Rs.31,464/-, which is under challenge in this Writ Petition. 4. The learned counsel for the petitioner submitted that in Exhibit P11 communication, there is no reference about Exhibit P7 and Exhibit P10 representations submitted by the petitioner and the details of vouchers produced as Exhibit P8. It is submitted that if those aspects are considered, it can be seen that the petitioner will not be liable to remit any amount. 5. Heard the learned counsel for the 1st respondent. Since the matter will have to be considered by the first respondent as requested for by the petitioner in Exhibits P7 and P10, I am not going into the merits of the disputes. Evidently, in Exhibit P11, there is no reference about Exhibit P7 and P10. Therefore, there will be a direction to the 1st respondent to consider Exhibits P7 and P10 along with Exhibits P8 and P9 with notice to the petitioner and after affording a personal hearing, within a period of two months from the date of receipt of a copy of this judgment and appropriate final decision will be taken and communicated to the petitioner. Till then, the recovery, if any, pursuant to Exhibits P6 and P11 will be kept in abeyance. A W.P.(C)No.36615/09 -4- considered order will be passed after hearing the matter. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn