IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 30188 of 2004(R) -------------------------- PETITIONER: ------------ B.K.MAMMU, S/O.BAPPU, AGED 57 YEARS, KANNATH HOUSE, P.O. THAIKKAD, THRISSUR DISTRICT. BY ADV. SRI.P.KESAVAN NAIR SRI.K.G.CLEETUS RESPONDENTS: ------------- 1. GOVERNMENTF OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, AGRICULTURE (E.A) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE PRINCIPAL AGRICULTURAL OFFICER, CHEMBUKAVU, THRISSUR-20. 4. DIRECTOR, LOCAL FUND AUDIT, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF GRATUITY PAYMENT ORDER DATED 2.12.2003 EXT.P1(a) TRUE COPY OF GRATUITY PAYMENT ORDER DATED 22.1.2004 EXT.P2 TRUE COPY OF LETTER DATED 17.4.2004 ISSUED BY THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF LETTER DATED 22.7.2004 ISSUED BY 2ND RESPONDENT TO THE PRINCIPAL SECRETARY. EXT.P4 TRUE COPY OF NOTICE BY THE ADVOCATE TO RESPONDENTS 3 AND 4 EXT.P5 TRUE COPY OF REPLY DATED 17.9.2004 ISSUED BY PRINCIPAL AGRICULTURAL OFFICER TO ADVOCATE P.V. HARIDASAN. EXT.P6 TRUE COPY OF THE LETTERDATED 3.1.2004/12.2.2004 BY DY. DIRECTOR TO PRINCIPAL AGRL. OFFICER, THIRSSUR. EXT.P7 ;TRUE COPY OF RELEVANT PORTION OF NOTICE FROSM THE DEPUTY DIRECTOR OF LOCAL FUND AUDIT FOR THE YEAR 1999-2000 EXT.P8 TRUE COPY OF THE REPLY FROM THE PETITIONER TO THE DEPUTY DIRECTOR, DISTRICT LOCAL FUND AUDIT, THRISSUR DATED 7.1.2005. EXT.P9 TRUE COPY OF THE LETTER FROM THE DIRECTOR OF AGRICULTURE, TRIVANDRUM DATED 30.3.2005 EXT.P9(A) TRUE COPY OF THE LIABILITY CERTIFICATE SIGNED BY DIRECTOR OF AGRICULTURE. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 30188 OF 2004 -------------------------------------------- Dated this the 19th day of June, 2008 JUDGMENT Petitioner, a retired agricultural officer, has filed this Writ Petition for a direction to the respondents to disburse DCRG benefit. Government Pleader submitted that petitioner is liable to pay Rs. 43,164/- towards loss caused to the Government as demanded vide Ext.P9. Government Pleader has relied on Ext.P7 containing basis on which the demand is raised against the petitioner. Counsel appearing for the petitioner submitted that DCRG should have been paid to the petitioner within one year from the date of retirement and even though petitioner retired on 30.9.2002 still DCRG is not paid to him. Counsel also submitted that Ext.P9 does not contain any details of the demand raised against the petitioner. It is seen that petitioner has filed Ext.P8 reply to Ext.P7 notice proposing determination of liability. In view of the above contentions and since Ext.P9 does not contain the details or the basis of demand of Rs. 43,164/- from the petitioner, O.P. is 2 disposed of with direction to the respondents to release DCRG amount to the petitioner after retaining Rs. 43,164/- within a period of one month from the date of production of a copy of this judgment. There will be direction to the second respondent to call for the files, collect details pertaining to demand against the petitioner, and issue detailed notice to the petitioner giving full details of nature of liability sought to be levied against the petitioner, give an opportunity to the petitioner to file written objections and to represent his case and pass fresh adjudication order determining the liability, if any, on the petitioner, for loss, if any, caused to the Govt. This should be done within a period of four months from the date of receipt of a copy of this judgment. As and when liability is refixed as above, the same should be adjusted from the retained amount, and balance, if any, should be paid to the petitioner without any delay. (C.N. RAMACHANDRAN NAIR) Judge kk 3