IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 WP(C).No. 10568 of 2011(U) -------------------------- PETITIONER(S): ---------------- KABEER RAWTHER , AGED 61 YEARS S/O.NAGOOR MEERAN RAWTHER, SHAHITH MANZIL, KOMALLOOR PO, VIA CHARUMMOODU,PIN 690 505. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO MINISTRY OF AGRICULTURE, SECRETARIAT,THIRUVANANTHAPURAM 695001 2. DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM 695 001. ADV. MR. ANTONY MUKKATH - GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.10568 OF 2011 --------------------------------------- Dated this the 1st day of April, 2011 JUDGMENT The petitioner challenges Ext.P4 order passed by the Government by which some liability has been fixed on the petitioner as loss caused to the Government on account of some action on the part of the petitioner while in service. The petitioner is a retired Government servant. All retirement benefits due to the petitioner have admittedly been disbursed to him. There is no proceedings for recovery of that amount from any service benefits due to the petitioner. That being so, question of invoking Part III of the Kerala Service Rules does not arise. If that be so, the petitioner's remedy lies in challenging Ext.P4 order of fixation of liability in a suit, insofar as this Court cannot decide the validity of such fixation, since it involves consideration of question of fact on evidence, which this Court cannot ordinarily do in a writ petition. Accordingly, without prejudice to the right of the petitioner to challenge the said order in a suit, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd