IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 OP.No. 10797 of 2000(I) ----------------------- PETITIONER(S): ------------------- P.A. BALAN, SON OF AYYAPPANKUTTY, PALLATH, POUND, VELUPPADAM, VARANTHARAPPILLY TRICHUR. BY ADV. SRI.T.K.VENUGOPALAN SRI.V.DEVAN RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS (PROTECTION) OFFICE OF THE CHIEF CONSERVATOR OF FORESTS VAZHUTHAKAD, THIRUVANANTHAPURAM. GOVERNMENT PLEADER FOR SRI. M.R. SABU R1 & R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 10797 of 2000 ORDER ON C.M.P.NO.17933 OF 2000 IN O.P.NO.10797 OF 2000 CLOSED 18.11.2008 SD/- S. SIRI JAGAN, JUDGE. EXT.P1: COPY OF JUDGMENT IN O.P.15395 OF 1995 DTD 20.11.1995 HIGH COURT OF KERALA. EXT.P2: COPY OF MEMO DATED 16.9.1989 ISSUED BY DIVISIONAL FOREST OFFICER, PALAKKAD. EXT.P3: COPY OF REPLY OF PETITIONER TO D.F.O. PALAKKAD DATED 3.11.1989. EXT.P4: COPY OF REPLY OF PETITIONER DATED 27.10.1991 TO CIRCLE CONSERVATOR, OLAVAKKODE. EXT.P5: COPY OF ORDER DATED 18.1.2000 ISSUED BY UNDER SECRETARY TO GOVT OF KERALA FOREST & WILD ANIMAL DEPARTMENT, TRIVANDRUM RESPONDENT'S EXHIBITS EXT.R1(a): COPY OF THE SPECIE WAR LIST EXT.R1(b): COPY OF COVERING LETTER DT. 3.1.1983. EXT.R1(c): COPY OF G.O.(RT) NO.485/97 DT. 25.9.1997. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No. 10797 OF 2000 ---------------------------------------- Dated this the 18th day of November, 2008 JUDGMENT The petitioner is a retired Range Officer of the Forest Department of the Government of Kerala. While he was in service, certain disciplinary proceedings were initiated against him. In view of the disciplinary proceedings, there was some delay in disbursal of the retirement benefits due to him. Accordingly, the petitioner approached this Court by filing O.P.No.15395 of 1995 , in which Ext.P1 judgment was passed directing that since the petitioner was not found guilty in the disciplinary proceedings, the petitioner should be paid the retirement benefits with 9% interest. Accordingly, the retirement benefits were disbursed to the petitioner. Thereafter, in respect of some other alleged fault on the part of the petitioner, which allegedly resulted in loss to the Government to the tune of Rs.8,713/-, proceedings were initiated and by Ext.P5 order dated, 18.1.2000, the Government directed that the amount of Rs.8,713/- be realised from the petitioner by initiating O.P.No.10797/2000 2 proceedings under the Public Accountants Act. 2. The petitioner's contention is that he can validly prove that he cannot be mulcted with the liability to pay the said amount of Rs.8,713/- and without an opportunity to prove his case, the Government has, by Ext.P5 order, decided that the said amount is due from him and directed initiation of proceedings under the Public Accountants Act for recovery of that amount, which is against the principles of natural justice. 3. The learned Government Pleader with the help of a counter affidavit filed by the 1st respondent, supports Ext.P5 order. 4. I have considered the rival contentions in detail. 5. I am of opinion that the Government could not have by Ext.P5 pre-judged the issue without giving the petitioner an opportunity to prove his case in the proceedings to be initiated under the Public Accountants Act. That being so, Ext.P5 order, whereby it is concluded that the petitioner is liable to pay an amount of Rs.8,713/- is hereby quashed. However, if the District Collector is still inclined to proceed further with the matter under the Public Accountants Act, he may do so, after complying with the procedure prescribed under the Public O.P.No.10797/2000 3 Accountants Act. However, I make it abundantly clear that the District Collector shall give an opportunity to the petitioner to prove his case that he is not liable for the said amount. Since I have quashed that finding, the District Collector shall decide the issue based on the evidence before him including the evidence and contentions to be raised by the petitioner without reference to the finding in Ext.P5, if and when proceedings are initiated under the Public Accountants Act against the petitioner. The Original Petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd O.P.No.10797/2000 4