IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 19015 of 2009(V) ----------------------------------------- PETITIONER(S): ------------------------ BABY AUGUSTINE,AGED 59 YEARS, FORMERLY RATIONING INSPECTOR, CIVIL SUPPLIES DEPARTMENT,RESIDING AT EDATTU HOUSE,RIVER VIEW ROAD, THODUPUZHA P.O.,IDUKKI. BY ADVS. MR.B.RAMAN PILLAI, MR.R.ANIL, MR.ANIL K.MOHAMMED, MR.SUJESH MENON V.B., MR.JOSEPH P.ALEX, MR.SHYAM ARAVIND. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE COMMISSIONER, STATE CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM. 3. CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION LTD.,COCHIN. 4. TAHSILDHAR,TALUK OFFICE,THODUPUZHA. R1,R2&R4 BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN R3 BY ADV. MR.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. --------------------------------------- W.P.(C)No.19015 of 2009 ---------------------------------------- Dated 19th August, 2009 JUDGMENT Heard Sri.B.Raman Pillai, the learned counsel appearing for the petitioner, Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for respondents 1, 2 and 4 and Sri.Millu Dadapani, the learned standing counsel appearing for the Kerala State Civil Supplies Corporation Limited. 2. The petitioner, a Rationing Inspector in the Civil Supplies Department, had served in the Kerala State Civil Supplies Corporation Limited on deputation. While he was working in the Kerala State Civil Supplies Corporation, disciplinary action was initiated against him on various counts. Exts.P1 to P5 orders were thereupon passed fixing various amounts as his liability. The petitioner was also prosecuted for various offences in C.C.No.24 of 2001 on the file of the Court of the Enquiry Commissioner and Special Judge, Thrissur. The petitioner was convicted and sentenced to undergo imprisonment and to pay fine. Thereupon, he was dismissed from service applying the second proviso to Rule 18 of the Kerala Civil Services (Classification, Control & Appeal) Rules, 1960. The judgment of the conviction and sentence passed by the criminal court has been challenged by the petitioner in WP(C).No.19015/2009 2 Crl.A.No.705 of 2005 on the file of this Court. The said appeal is pending. In the meanwhile, at the instance of the Kerala State Civil Supplies Corporation Limited, revenue recovery proceedings were initiated against the petitiner for realisation of the amounts fixed as his liability in Exts.P1 to P6. Exts.P7 and P7 (a) notices were thereupon issued to the petitioner under sections 7 and 34 of the Kerala Revenue Recovery Act, 1968. Exts.P7 and P7 (a) are under challenge in this writ petition wherein the petitioner prays for a writ in the nature of mandamus commanding the respondents to keep in abeyance the revenue recovery proceedings initiated against him till Crl.A.No.705 of 2005 pending in this Court is heard and disposed of. 3. It is evident from Exts.P1 to P6 that various amounts are due from the petitioner to the Corporation. The said orders have become final. Ext.P7 revenue recovery notice has been issued for recovering the amounts fixed as the petitioner's liability in Exts.P1 to P6. Therefore, even if the petitioner is acquitted by this Court in the criminal appeal, the petitioner cannot be heard to contend that he is not liable to pay the amounts fixed as his liability in Exts.P1 to P6. At best, he can only contend that he had no motive or criminal intent when he misappropriated the various amounts referred to in Exts.P1 to P6. Therefore, the mere pendency of Crl.A.No.705 of 2005 in this WP(C).No.19015/2009 3 Court, cannot be a ground to prevent the respondents from proceeding to recover the amounts fixed as the petitioner's liability in Exts.P1 to P6. The learned counsel appearing for the petitioner however submits that in any view of the case, the petitioner may be granted an opportunity to pay the amounts demanded in Ext.P7 and P7(a) notices in instalments. The learned standing counsel appearing for the Kerala State Civil Services Corporation Limited vehemently opposes the said request. He submits that funds of the Corporation are public funds and that the petitioner who has misappropriated public funds cannot be shown any leniency. 4. I have considered the request made by the learned counsel appearing for the petitioner for an opportunity to pay the amount in instalments. It is not in dispute that the petitioner is no longer in service. On account of his conviction by the criminal court., he was dismissed from service. He was therefore denied pensionary benefits also. The petitioner does not now have any income. In these circumstances, I am of the considered opinion that the petitioner should be given an opportunity to pay the amount demanded in instalments. Ext.P7 and P7(a) notices indicate that the sum of Rs.1,93,548/= together with future interest and collection charges is due from the petitioner. Since the petitioner is presently unemployed, WP(C).No.19015/2009 4 I am inclined to grant him 15 instalments to pay the amount demanded in Ext.P7 and P7(a) notices. I accordingly dispose of this writ petition with the direction that in the event of the petitioner remitting the amounts demanded in Exts.P7 and P7(a) notices in 15 equal monthly instalments commencing from 20th of September, 2009, the revenue recovery proceedings initiated against him as per Exts.P7 and P7(a) shall be kept in abeyance. The first instalment shall be paid on or before 20th September, 2009 and the remaining instalments on the 20th of every succeeding English Calender month. If any of these days is a holiday, payment shall be made on the next working day. It is clarified that if the petitioner commits default in paying any three consecutive instalments, the facility to pay the amounts demanded in instalments will stand recalled and it will be open to the Corporation to recover the balance then outstanding in lump. P.N.RAVINDRAN Judge TKS