IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 1070 of 2008(B) -------------------------------------- PETITIONER: -------------------- V.S.CHANDRAN,SREERUDRA, SANATHANAPURAM, KAITHAVANA, ALAPPUZHA(ASST ENGINEER (RETD.) GENERATION DIVISION, MOOZHIYAR). BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENTS: ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO ELECTRICITY DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 3. THE SECRETARY, DEPARTMENT OF FINANCE,SECRETARIAT, THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION, ALAPPUZHA. BY SRI. K.S.ANIL, SC BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No. 1070 of 2008 -------------------------- Dated this the 9th January, 2008 J U D G M E N T The petitioner retired from service on 31.5.2005. He is aggrieved by Exhibit P1 notice by which he has been asked to remit an amount of Rs.1,32,875/-. A perusal of Exhibit P1 will show that the direction to pay the said amount is without prior notice to the petitioner and without hearing him. Apparently, the said amount is sought to be recovered from the petitioner on the ground that the Board had remitted the same before the Sub Court, Alappuzha for satisfying a decree passed against the Board in O.S.215 of 1994 on the file of the Sub Court, Cherthala. Petitioner submits that he was not involved in the incident. He is not a judgment debtor in O.S. 215/1994. 2. If the Board wants to recover any amount from the petitioner by treating it as a liability then it must be preceded by a notice and enquiry. Exhibit P1 does not satisfy these requirements. After having heard the learned counsel for the petitioner and the learned standing counsel for the K.S.E.B., this writ petition is disposed of in the following terms. W.P( C) No. 1070 of 2008 2 i) The 1st respondent shall treat Exhibit P1 as a show cause notice. The petitioner shall file his detailed objections thereto. Petitioner's objection shall be seriously considered and an order in this regard shall be passed, indicating whether the amount in question is proposed to be treated as a liability of the petitioner. If it is so decided to be treated as liability, the order should specifically refer to the petitioner's objection. Orders in this regard shall be passed, as early as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Needless to say no recovery shall be effected on the strength of Exhibit P1 alone. Petitioner shall file objections to Exhibit P1, within two weeks from today. (V.GIRI, JUDGE) ma W.P( C) No. 1070 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P( C) No. 1070 of 2008 2 25th May, 2007