IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 21964 of 2009(M) --------------------------------------- PETITIONER(S): --------------------- C.SAHAYADAS, JUNIOR SUPERINTENDENT,SUB-TREASURY, NEYYATTINKARA,THIRUVANANTHAPURAM. BY ADV. MR.V.G.ARUN MR.T.R.HARIKUMAR RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY (FINANCE), GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, CENTRAL STAMP DEPOT,THIRUVANANTHAPURAM. R1 TO R3 BY SR.GOVERNMENT PLEADER MR.P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 21964 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 4th day of August, 2009 JUDGMENT The petitioner, who is presently working as Junior Superintendent in Sub Treasury, Neyyattinkara, has filed this writ petition challenging Ext.P16 order passed by the Director of Treasuries fixing the sum of Rs.62,500/- as his liability and directing recovery of the said amount from his salary. 2. The pleadings disclose that Ext.P16 order has been passed, pursuant to Ext.P14 memo of charges, in exercise of the power conferred on the Director of Treasuries under the provisions of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. Under rule 23 of the said Rules, the petitioner has the right to file an appeal challenging Ext.P16 order. Under rule 25 of the Rules, the period of limitation for filing an appeal is two months from the date on which a copy of the order appealed against has been received by the appellant. In the instant case Ext.P16 order is dated 3-7-2009. Even going by the date of Ext.P16, the period of limitation prescribed for filing an appeal has not expired. Since the petitioner has an effective alternate remedy by way of appeal under rule 23 W.P.(C) No. 21964/09 2 of the Rules, I am of the opinion that the petitioner should invoke the appellate remedy instead of seeking the intervention of this Court at this stage. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appeal challenging Ext.P16 within time prescribed under rule 25 of the Rules, the appellate authority shall consider the same and pass orders thereon expeditiously and in any event within four months from the date on which such an appeal is received, after affording the petitioner a reasonable opportunity of being heard. The contentions of the petitioner on the merits are kept open. Till such time, recovery pursuant to Ext.P16 from the petitioner shall be kept in abeyance. P.N.RAVINDRAN, JUDGE. mn.