IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(C).No. 32186 of 2008(F) -------------------------- PETITIONER(S): --------------- C.D.VIJAYAN, SREE BHAVAN, KAVALEESWARAM, THIRUVANKULAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TAXES (EXCISE) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, OFFICE OF THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, OFFICE OF THE EXCISE INTELLIGENCE AND INVESTIGATION BUREAU, ERNAKULAM. GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32186 of 2008 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.GPO/P- 12/AY/G/47226311 PASSED BY THE SENIOR ACCOUNTS OFFICER DATED 17.8.06 EXT.P2- TRUE COPY OF THE ORDER DATED 19.4.08 OF THE 2ND RESPONDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).32186/2008 -------------------- Dated this the 7th day of September, 2009 JUDGMENT Petitioner retired from service as Excise Inspector on 31.3.2005. By Ext.P1, his retirement benefit was sanctioned. This includes an amount of Rs.1,96,647/- by way of DCRG. Commuted value of pension and arrears of pension have been disbursed to him. However, DCRG was disbursed only on 16.7.2008. But in doing so, an amount of Rs.10,270/- was recovered as per Ext.P2 dated 19.4.2008. The balance amount has been disbursed to the petitioner on 16.7.2008. Recovery of Rs.10,270/- has been challenged in the writ petition. 2. A counter affidavit has been filed by the respondents. It is admitted that a liability against the petitioner was reported by the Deputy Commissioner of Excise on 17.1.2008. The liability was fixed on 19.4.2008 and the order dated 19.4.2008 was intimated to the petitioner over telephone and thereafter, it was received by the petitioner on 6.6.2008. The liability fixed on the petitioner is consequent upon an apparent loss caused to the W.P.(C).32186/2008 2 Government, by way of thondy articles. 3. Government would be entitled to take steps, in accordance with law, to reimburse itself of any loss that may have been caused by the petitioner. But recovery from DCRG will have to be done within a period of three years from the date of retirement. In the present case, liability against the petitioner has been fixed only on 19.4.2008 and therefore, recovery has been effected only after a period of three weeks. This is unsustainable. 4. Ext.P2 is therefore quashed. Respondents are directed to disburse Rs.10,270/- to the petitioner, within one month from the date of receipt of a copy of this judgment. This is without prejudice to the right of the Government to reimburse itself of any loss that has been caused by the petitioner, in accordance with law. Writ petition is disposed of as above. V.GIRI, Judge mrcs