IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 16404 of 2011(A) ------------------------- PETITIONER : --------------------- A.SHAJAHAN, AUDIT SUPERVISOR, PAU-I, OFFICE OF ASSISTANT DIRECTOR OF PANCHAYATS KAKKANAD, ERNAKULAM. BY ADVS. SRI.SIBY MATHEW SRI.PHILIP J. VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT (E.P.B.) DEPARTMENT, TRIVANDRUM, PIN-695 039. 2. THE DIRECTOR OF PANCHAYATS, TRIVANDRUM, PIN-695 039. R1 & R2 BY GOVT. PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 16404 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF MEMO OF CHARGES ISSUED BY THE 1ST RESPONDENT AGAINST THE PETITIONER. EXT.P2 : COPY STATEMENT OF DEFENCE DT. 12-5-2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3 : COPY OF NOTICE DATED 3-6-2011 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P4 : COPY OF ORDER NO. D6-4295/2006, DATED 19-5-2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 16404 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th day of June, 2011. J U D G M E N T The petitioner is working as an Audit Supervisor in the office of the Assistant Director or Panchayaths, Ernakulam. On the basis of a report of the Vigilance and Anti Corruption Bureau, disciplinary proceedings have been initiated against the petitioner, which is pending. No final orders have yet been passed in the same. At the same time, by Ext. P4 order, the 2nd respondent has directed the petitioner to pay an amount of Rs. 1,48,462/- towards loss caused to the Government on account of the misconduct alleged to have been committed by the petitioner, which is the subject matter of the disciplinary proceedings. The petitioner is challenging the same seeking the following reliefs: “i) Issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext. P4; ii) Issue a declaration that Ext. P4 order for recovery of the alleged loss of Rs. 1,48,462/- could not have been passed without finalization of the proceedings initiated pursuant to Ext. P1 and final orders are passed by the 1st respondent; iii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 2nd respondent to keep in abeyance Ext. P4 till finalization of the disciplinary proceedings initiated pursuant to Ext. P1 by the 1st respondent. iv) To stay Ext. P4, pending disposal of the writ petition.” W.P(C) No. 16404 of 2011 -: 2 :- 2. The learned Government Pleader, on instructions, submits that the Vigilance and Anti- corruption Bureau had recommended to the respondents that disciplinary proceedings be initiated against the petitioner as also that the loss of Rs.1,48,462/- be recovered from the petitioner and that is why Ext. P4 has been issued. 3. I have considered the rival contentions in detail. 4. The question as to whether any loss has been caused to the Government, what is the loss so caused and whether the petitioner is responsible for the loss, are all questions of fact, which are under consideration in the disciplinary proceedings. I am not satisfied that without finding the petitioner guilty of the misconduct which resulted in the alleged loss, the alleged loss can be recovered from the petitioner. In the above circumstances, Ext. P4 is quashed. However, it would be open to the respondents to complete the disciplinary proceedings initiated against the petitioner and recover the loss caused, if any, on account of any misconduct committed by the petitioner for which he may be found guilty, after the enquiry is W.P(C) No. 16404 of 2011 -: 3 :- completed and the disciplinary authority passes orders of punishment for the same. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/