IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 7096 of 2007(T) ------------------------- PETITIONER(S): --------------------- GOPALAN,AGED 53, S/O KOCHURAMAN NADAR, SANITATION WORKER, THIRUMALA CIRCLE, HEALTH CIRCLE, CORPORATION OF THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): ----------------------- 1. THE SPECIAL DEPUTY TAHSILDAR(RR) KERALA STATE FINANCIAL ENTERPRISES LTD THIRUVANANTHAPURAM. 2. THE HEALTH OFFICER, CORPORATION OF THIRUVANANTHAPURAM, CORPORATION OFFICE, THIRUVANANTHAPURAM. 3. A.PUSHPALATHA, W/O MURALEEDHARAN NAIR, HEALTH INSPECTOR, SLAUGHTER HOUSE, KUNNUKUZHY, THIRUVANANTHAPURAM. 4. MURALEEDHARAN NAIR, HEALTH INSPECTOR, SLAUGHTER HOUSE, KUNNUKUZHY, THIRUVANANTHAPURAM. 5. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM. BY ADVS. MR.NANDAKUMARA MENON MR.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. FOR R6 MR.NAGARAJ NARAYANAN FOR R3 & 4 MR.SAIJO HASSAN FOR R3 & 4 MR.A.S.SABU FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7096 of 2007(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF PROHIBITORY ORDER DATED 22.2.05 EXT.P2 - TRUE COPY OF PAY SLIP EXT.P2a-TRUE COPY OF PAY SLIP EXT.P2b- TRUE COPY OF PAY SLIP EXT.P2c- TRUE COPY OF PAY SLIP EXT.P2d- TRUE COPY OF PAY SLIP EXT.P2e- TRUE COPY OF PAY SLIP EXT.P2f- TRUE COPY OF PAY SLIP EXT.P2g-TRUE COPY OF PAY SLIP EXT.P2h- TRUE COPY OF PAY SLIP EXT.P2i- TRUE COPY OF PAY SLIP EXT.P2j- TRUE COPY OF PAY SLIP EXT.P2k- TRUE COPY OF PAY SLIP EXT.P2l- TRUE COPY OF PAY SLIP // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 7096 of 2007 ................................................. Dated this the 20th day of July, 2009 J U D G M E N T The petitioner stood as a surety for repayment of a loan availed of by the 3rd respondent, at the instance of the husband of the 3rd respondent, who is another surety and is also the superior officer of the petitioner. Now recovery from the monthly salary of the petitioner is effected by resort to revenue recovery proceedings and at the same time no proceedings are being initiated against respondents 3 and 4 for recovery of the loan amount is the grievance of the petitioner. On 15.6.2009, I passed the following order in this writ petition: “The petitioner is the subordinate officer of the 4th respondent. At the instance of the 4th respondent the petitioner was made to stand as a surety for repayment of loan amounts taken by 3rd respondent, who is the wife of 4th respondent, from the KSFE. Now recovery proceedings are initiated against the petitioner for recovery of that loan amount. I am of prima facie opinion that the 4th respondent has misused his official position to make the petitioner, who is a subordinate, to stand as a surety and at the same time the 4th respondent who is also a surety for the amount is not paying the amounts. This may amount to misconduct for which the 4th respondent may be liable for disciplinary action. The 4th respondent shall inform this court to as to why this court should not direct disciplinary action against him. Post on 24.06.2009.” W.P(C) No. 7096 of 2007 -2- 2. On 24.6.2009 the learned counsel for the 4th respondent undertook before me that the amount due from him to the Kerala State Financial Enterprise Limited, for payment of which the petitioner is a surety, would be paid within three weeks. Now the counsel for the 4th respondent submits that the entire amount has been paid as undertaken. In the above circumstances, this writ petition is disposed of recording that submission and directing the 1st respondent to proceed against the 3rd and 4th respondents for recovery of the amounts due, if the amount has not been paid by the 4th respondent as undertaken by him. In any event the petitioner shall not be proceeded against for the said amount without first proceeding against the respondents 3 and 4. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE rhs