IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 9126 of 2006(J) ------------------------- PETITIONER(S): --------------- STATE BANK OF TRAVANCORE, ZONAL OFFICE, REGION-I, KOTTAYAM, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER-I. BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW RESPONDENT(S): --------------- 1. THE COMMISSIONER OF LAND REVENUE, GOVERNMENT OF KERALA, PUBLIC OFFICE BUILDINGS, MUSEUM JUNCTION, THIRUVANANTHAPURAM. 2. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REVENUE RECOVERY OFFICE, MDC CENTRE, KOTTAYAM, REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE SPECIAL DEPUTY TAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES LTD., MDC CENTRE, KOTTAYAM. 4. K.J.JOSEPH, KARINPINKALAYIL HOUSE, ATHIRAMPUZHA, KOTTAYAM. R2 BY ADV. SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. R1,3 & 4 BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE PROHIBITORY ORDER NO. SDT/KTM/2872/02 DATED 13.2.2003 ISSUED BY THE THIRD RESPONDENT. EXT.P2 PHOTOCOOPY OF THE LETTER NO. AGM.1/KTM/GEN/270 DATED 10.2.2003 SENT BY THE PETITIONER TO THE THIRD RESPONDENT. EXT.P3 PHOTOCOPY OF THE LETTER NO. SDT.2869/03 DATED 15.2.2003 SENT BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P4 PHOTOCOPY OF THE LETTER NO. AGM 1/KTM DATED 26.2.2003 SENT BY THE PETITIONER TO THE THIRD RESPONDENT. EXT.P5 PHOTOCOPY OF THE LETTER NO. SDT/KTM/2869 DATED 17.3.2003 SENT BY THE THIRD RESPONDENT TO THE PETITIONER. EXT.P6 PHOTOCOPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P7 PHOTOCOPY OF THE PROCEEDINGS DATED 3.2.2006 OF THE FIRST RESPONDENT. EXT.P8 STATEMENT REGARDING SALARY PARTICULARS OF THE FOURTH RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 9126 OF 2006 -------------------------------------------- Dated this the 17th day of October, 2008 JUDGMENT Petitioner is challenging proceedings issued by KSFE and confirmed by the Land Revenue Commissioner proposing to attach salary of the petitioner for failure to comply with garnishee orders issued to the Bank for recovery of certain amounts from a defaulter, fourth respondent, who is an employee of the State Bank of Travancore. I do not think there is any need to consider action against the person who violated garnishee orders in this case because petitioner is not the person who disburses salary to the fourth respondent. Moreover it is reported that fourth respondent is not attending office for long. Further the reason for not recovering any amount from fourth respondent's salary is recovery of loans advanced to the fourth respondent. Even though W.P. is filed in 2006, the salary certificate of fourth respondent produced is that of the year 2002. I feel, the petitioner should have produced salary certificate of the fourth respondent at least as on the date of filing of the Writ petition. In any 2 case since fourth respondent is stated to be continuously absent, petitioner is directed to complete the disciplinary proceedings stated to be initiated against him, release his terminal benefits to KSFE or whatever is the amount found payable by the Bank to him to KSFE based on latest demand to be raised by the KSFE. Proceedings initiated against the petitioner will stand vacated on condition that Bank shall not release any payment to the fourth respondent without settling the amount due to KSFE and if there is any violation, KSFE can bring it to the notice of this Court for initiating contempt against the Bank. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 3