IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 OP.No. 5524 of 2001(G) ---------------------- PETITIONER(S): --------------- T.A.SALINI, PAZHAYIDAM, KURICHITHANAM, UZHAVOOR, KOTTAYAM DIST. BY ADV. SRI.K.REGHU KOTTAPPURAM SMT.URSULA FRANCIS RESPONDENT(S): --------------- 1. THE PROJECT OFFICER, KERALA KHADI & VILLAGE INDUSTRIES BOARD, KOTTAYAM. 2. THE SECRETARY, KERALA KHADI & VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. SRI.K.P.HARISH SC FOR KHADI BOARD FOR R1 & R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No. 5524/01. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE CERTIFICATE. P2. COPY OF THE APPOINTMENT ORDER DTD.1.8.85. P3. COPY OF THE LETTER DTD.26.10.94. P4. COPY OF THE LETTER OF OBJECTION AGAINST Ext.P3. P5. COPY OF THE ORDER DTD.8.12.99. P6. COPY OF THE RECEIPT DTD.8.12.99. P7. COPY OF THE LETTER DTD.26.6.2000. P8. COPY OF THE OBJECTION DATED 15.11.2000. RESPONDENT(S)' EXHIBITS: R2A. COPY OF THE RELEVANT PAGES OF STOCK REGISTER. B. COPY OF THE LETTER DTD.12.8.99. C. COPY OF THE LETTER DTD.26.6.2000. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 5524 of 2001 ================== Dated this the 9th day of February, 2009 J U D G M E N T The petitioner is an employee of the Kerala Khadi and Village Industries Board working as a Weaving Instructor. On account of audit objection, a liability of Rs.47,877/- was fixed as liability on the petitioner, for shortage of yarn in her custody. By Ext.P5, the petitioner was permitted to rejoin duty after leave on the petitioner remitting fifty per cent of the said amount of Rs.47,877/-. Subsequently the petitioner paid that amount and rejoined duty as is clear from Ext.P6. Later Ext.P7 order had been issued by the 2nd respondent to the 1st respondent directing the 1st respondent to recover the balance amount outstanding against the petitioner in 24 equal monthly instalments and report compliance thereof. That is under challenge before me. 2. According to the petitioner, the liability arose not on account of any conduct on the part of the petitioner alone, but others were also responsible for the same and therefore, the petitioner is not liable to pay anything more than fifty per cent of the amount, which she has already paid. The petitioner also contends that the liability was fixed without notice to the petitioner. 3. A counter affidavit has been filed by the 2nd respondent in which it is stated that the petitioner herself had admitted the liability of 2 Rs.47,877/- and she herself requested that fifty per cent of the amount may be directed to be paid in lump sum and the balance amount in instalments, pursuant to which only Ext.P7 order has been issued. 4. I have considered the rival contentions in detail. 5. In Ext.R2(b) written by the petitioner to the 1st respondent, which is not disputed by the petitioner, it is stated thus: 3 As such, the petitioner herself had voluntarily admitted liability in respect of Rs.47,877/- and she voluntarily offered to pay fifty per cent of the said amount in lump sum and the balance in instalments, which has been accepted by the respondents. In the above circumstances, the petitioner cannot now turn around and challenge the liability itself. Therefore, I do not find any merit in the original petition and accordingly, the same is dismissed. It would be open to the petitioner to approach the respondents for appropriate reduction in interest if she is entitled to. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================ O.P.No. 5524 of 2001-G ================ J U D G M E N T 9th February, 2009