IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 17843 of 2008(Y) --------------------------------------- PETITIONER: ------------------- B.HAIMAVATHY, MANAGER (RETIRED), DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, RESIDING AT 'PREETHI', MANVILA, KULATHOOR (P.O), THIRUVANANTHAPURAM. BY ADVS. MR.GOPAKUMAR R.THALIYAL, MR. N.P.PRAJEESH. RESPONDENTS: ------------------------ 1. THE DIRECTOR, DEPARTMENT OF TOURISM, PARK VIEW, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TOURISM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL ( A & E), OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17843/2008-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE GRATUITY PAYMENT ORDER ISSUED BY THE OFFICE OF THE R.3. DTD. 03/06/2005. EXT.P.2: COPY OF THE LIABILITY CERTIFICATE ISSUED TO THE PETITIONER BY THE R1 DTD 30/08/2005. EXT.P.3: COPY OF THE ORDER ISSUED BY THE R.1. DTD. 30/08/2005. EXT.P.4: COPY OF THE ORDER PASSED BY THE LOK AYUKTA DTD. 09/11/2006. EXT.P.5: COPY OF THE COMMUNICATION ISSUED BY THE R.1. DTD. 11/04/2003. EXT.P.6: COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 20/02/2005. EXT.P.7: COPY OF THE COMMUNICATION ISSUED BY THE R.1. DTD. 09/05/2005. EXT.P.8: COPY OF THE AUDIT REPORT DTD. NIL. EXT.P.9: COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 19/10/2005. EXT.P.10: COPY OF THE ORDER ISSUED BY THE R.1. DTD. 10/06/2005. EXT.P.11: COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 21/02/2005. EXT.P.12: COPY OF THE ORDER ISSUED BY THE R.1. DTD. 06/06/2005. EXT.P.13: COPY OF THE ORDER ISSUED BY THE R.1. DTD. 26/06/2005. EXT.P.14: COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 19/10/2005. EXT.P.15: COPY OF THE ORDER ISSUED BY THE R.1. DTD. 21/05/2005. EXT.P.16: COPY OF THE EXPLANATION ALONG WITH REMARKS SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 19/10/2005. EXT.P.17: COPY OF THE ORDER ISSUED BY THE R.1. DTD. 07/06/2005. EXT.P.18: COPY OF THE EXPLANATION ALONG WITH THE REMARKS SUBMITTED BY THE ORDER BEFORE THE R.1. DTD. 19/10/2005. W.P.(C). NO.17843/2008-Y: EXT.P.19: COPY OF THE ORDER ISSUED BY THE R.1. DTD. 08/06/2005. EXT.P.20: COPY OF THE ORDER ISSUED BY THE R.1. DTD. 10/06/2005. EXT.P.21: COPY OF THE OBJECTION ALONG WITH A RECEIPT FILED BY THE PETITIONER BEFORE THE R.1. DTD. 19/10/2005. EXT.P.22: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P.(C). NO.3980/2007 DTD. 06/02/2007. EXT.P.23: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.A. NO. 916/2007 DTD. 04/04/2007. EXT.P.24: COPY OF THE REVIEW PETITION FILED BY THE PETITIONER DTD. 07/06/2007. EXT.P.25: COPY OF THE OBJECTION FILED BY THE RESPONDENTS DTD. NIL. EXT.P.26: COPY OF THE REPLICATION FILED BY THE PETITIONER DTD. 27/09/2007. EXT.P.27: COPY OF THE ORDER PASSED BY THE LOK AYUKTHA DTD. 23/10/2007. EXT.P.28: COPY OF THE ORDER PASSED BY THE GOVERNMENT G.O. (P). NO.185/2002/FIN. DTD. 27/03/2002. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No.17843 of 2008 --------------------------------------------------- Dated this the 9th day of February, 2009 JUDGMENT The petitioner retired from service on 30.9.2004 while working as Manager Grade I (Higher Grade) in Government Guest House, Varkala, Thiruvananthapuram. The third respondent sanctioned an amount of Rs.2,34,152/- as DCRG subject to the production of Non Liability Certificate. Ext.P1 is the said order. Ext.P2 is the Liability Certificate showing an amount of Rs.91,093/- and thereafter by Ext.P3 the same was directed to be adjusted from the DCRG issued to the petitioner. 2. The learned counsel appearing for the petitioner submitted that there are various discrepancies in the matter of fixing the liability. As an example it is pointed out that going by Ext.P7, the total amount shown as Rs.24,003/-. But in the audit report Ext.P8, the liability is only shown as Rs.10,379/- on the total amount of Rs.24,002.50. It is the liability in respect of four officers including the petitioner. The further contention raised is that the liability has been fixed without any notice to the petitioner and without considering the objections raised by the petitioner in the matter. The petitioner has submitted Exts.P6, P8, P9, P11, P14, P16, P18 and P21 objections to various items of liabilities fixed against him. So far no wpc:17843 of 2008 2 action has been taken to consider the objection and see whether the liabilities arrived at could be waived and final orders are yet to be passed. 3. In the counter affidavit also the action, if any, taken in the matter is not stated, even though it is stated that the total amount of liability is Rs.91,093/-. There will be a direction to the first respondent to consider the objections filed by the petitioner as referred to above along with any other materials, the petitioner may wish to place before him and after affording an opportunity of personal hearing within a period of two months from the date of receipt of a copy of this judgment. If the liabilities are dropped based on the contentions of the petitioner, the balance amount of DCRG withheld also will be released without any further delay. T.R.RAMACHANDRAN NAIR, JUDGE bps