IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 17849 of 2010(E) ----------------------------------------- PETITIONER(S): ------------------------- 1. HARI E.S, ASSISTANT ENGINEER, GURUVAYUR DEVASWOM, RESIDING AT ERANOOR MANA, PARAKKAD, ARIMBUR POST, THRISSUR DISTRICT. 2. SABU V.B, I GRADE OVERSEER, GURUVAYUR DEVASWOM, RESIDING AT KEERTHANAM, VATTATHARA HOUSE, NEAR NENMINI PO, GURUVAYUR. BY ADVS. SRI.BRIJESH MOHAN, SMT.RESMI G. NAIR. RESPONDENT(S): --------------------------- 1. GURUVAYUR DEVASWOM BOARD, REPRESENTED BY ITS ADMINISTRATOR. 2. STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (DEVASWOMS ) DEPARTMENT,THIRUVANANTHAPURAM R1 BY ADV. SRI. V. KRISHNA MENON, SC,GURUVAYUR DEVASWOM BOARD R2 BY GOVERNMENT PLEADER SRI. ARVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010, ALONG WITH WPC NO. 17869 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.17849 (E) & 17869 (G) of 2010 --------------------------------- Dated, this the 28th day of June, 2010 J U D G M E N T The petitioners are employees of the 1st respondent Devaswom. They are challenging Ext.P1 order dated 05/05/2010 issued by the 1st respondent requiring them to remit the amounts mentioned therein. 2. It is stated that in regard to an allegation about the loss of teakwood, there was an enquiry by the Vigilance Department resulting in Exts.P2 & P3 reports to the effect that loss was caused to the Devaswom. Based on the recommendation of the Director of Vigilance and Anti Corruption Bureau, the 2nd respondent issued Ext.P4 proceedings directing recovery of the loss sustained to the Devaswom, on the basis of which, Ext.P5 show cause notice was issued to the petitioners herein, on receipt of which, they filed their replies. It is stated that further explanations were also filed. However, by Ext.P1 proceedings in these writ petitions, the petitioners have been called upon to remit the amount mentioned therein. It is challenging Ext.P1, these writ petitions have been filed. WP(C) Nos.17849 & 17869/2010 -2- 3. A reading of Ext.P5 show cause notice and the explanations submitted by the petitioners show that against the allegations contained therein, the petitioners have raised several objections and in Ext.P1, none of these objections have been dealt with. Therefore, Exts.P1 orders directing the petitioners to remit the amount mentioned therein have been issued without any application of mind and for that reason, these orders deserve to be set aside and I do so. 4. Therefore, these writ petitions are disposed of directing the Managing Committee of the 1st respondent Devaswom to pass fresh orders on the show cause notice duly adverting to the contentions raised by the petitioners. This shall be done with notice to the petitioners and after affording them an opportunity of hearing as well. Learned counsel for the petitioners complains that the petitioners are not being paid salary. Now that the matter has been ordered to be reconsidered, necessarily until any liability is fixed, their salary due will be paid. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg