IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 33349 of 2004(T) -------------------------- PETITIONER: ------------ SRI.C.M.SETHUMADHAVAN, CHITTADI MELE VEETTIL, KOTTAPPADAM III, MANNARKKAD, PALAKKAD. BY ADV. SRI.RAJESH NAMBIAR RESPONDENTS: ------------- 1. DEPUTY TAHSILDAR (RR), MANNARKKAD, PALAKKAD. 2. SUPERINTENDENT OF POST OFFICES, OFFICE OF SUPDT. OF POST OFFICES, OTTAPALAM DIVISION, OTTAPPALAM 679 101. R1 BY G.P. SMT.SMITHA SUKUMARAN BY ADV. SRI.JOHN VARGHESE, ASSISTANT SG FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF R.R. NOTICE DT.27.1.2003 ISSUED TO THE PETITIONER. P2: TRUE COPY OF R.R. NOTICE DT.27.1.2003 ISSUED TO THE PETITIONER. P3: TRUE COPY OF REPRESENTATION DT.13.5.2003 SUBMITTED BY PETITIONER BEFORE THE SUPDT. OF POLICE, OTTAPPALAM. P4: TRUE COPY OF ORDER DT.30.9.2003 OF THE SUPDT. OF POST OFFICES, OTTAPALAM TO THE PETITIONER. RESPODNENT'S EXHIBITS: R2(a): TRUE COPY OF STATEMENT OF PETITIONER DT.6.5.2002 AND ITS ENGLISH VERSION. R2(b): TRUE COPY OF LETTER DT.26.5.2003 ISSUED BY R2 TO THE PETITIONER. R2(c): TRUE COPY OF LETTER DT.31.7.2003 ISSUED TO THE PETITIONER. R2(d): TRUE COPY OF LETTER DT.5.9.2003 ISSUED TO THE PETITIONER. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.33349 of 2004 .................................................................... Dated this the 27th day of June, 2008. JUDGMENT The petitioner is challenging recovery proceedings for recovery of loss caused by him while he was in the service of the Central Government as a Branch Post Master. Admittedly disciplinary action was taken against the petitioner for misappropriation which led to his dismissal from service. The question is whether the misappropriated amount could be recovered from the petitioner. Details are furnished in the counter affidavit which shows that an amount of Rs.20,000/- with interest of Rs.3,813/- is recoverable from the petitioner. This amount represents unauthorised withdrawal by the petitioner from the account of various persons maintained in the Post Office. Along with disciplinary action, loss caused to the Government also can be recovered from State Government employees under the Kerala Public Accountants Act, 1963 and from the Central Government employees under the Public Accountants Act, 1850. The petitioner has not filed any reply to counter affidavit denying the liability. In the circumstances, W.P. is devoid of any merit and is dismissed directing the respondents to proceed for recovery. C.N.RAMACHANDRAN NAIR Judge pms