IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 11462 of 1999(M) ---------------------------------- PETITIONER: ------------------- K. RETNAVALLY, SREERANGA BHAVAN, ELAMTHOOR.P.O., PATHANAMTHITTA. BY ADV. SRI.RAJU JOSEPH. RESPONDENTS: ------------------------ 1. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, PATHANAMTHITTA. 3. THE STORE SUPERINTENDENT, DISTRICT MEDICAL STORE, PATHANAMTHITTA. BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 18523/1999 IN O.P. NO. 11462/1999 DISMISSED 04/01/08. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE SANCTION ORDER NO. AE.I-19915/93/DHS DTD. 04/02/1994. EXT.P.2: COPY OF THE LETTER DTD. 28/12/1995. EXT.P.3: COPY OF THE LETTER ADDRESSED TO THE R.1. BY THE R.2. DTD. 16/01/1996. EXT.P.4: COPY OF THE NON LIABILITY CERTIFICATE ISSUED BY THE R.2. DTD. 16/01/1996. EXT.P.5: COPY OF THE LETTER NO. AE3/19915/93/DHS DTD. 10/02/1996. EXT.P.6: COPY OF THE LETTER DTD. 23/03/1999. EXT.P.7: ABSTRACT OF THE INTERNAL AUDIT REPORT FOR THE PERIOD FROM 10/02/1992 TO 29/01/1993 OF THE DISTRICT MEDICAL STORE, PATHANAMTHITTA DTD. NIL. EXT.P.8: COPY OF THE LETTER DTD. 10/04/1999. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- O.P. NO. 11462 OF 1999 --------------------------------------- Dated this the 4th day of January, 2008. J U D G M E N T Petitioner approached this Court aggrieved by the recovery initiated as per Exhibits P6 and P7. Petitioner retired from service on 31.03.1994. Admittedly, the audit was conducted only in September 1998 and thereafter steps have been initiated for recovery. Since such recovery is beyond the period of limitation of four years provided under Rule 3 Part III K.S.R., petitioner shall not be proceeded against as per the impugned orders. The impugned orders are hence quashed. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. O.P. NO. 11462 OF 1999 J U D G M E N T 04.01.2008