IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 OP.No. 9637 of 2003(V) ---------------------- PETITIONER: ------------ M.K.ANANDAN, PAZHAVANGADIKKAL VEEDU, ATARIKOM MURI, OMALLUR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.PHILIP M.VARUGHESE RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POST OFFICES, OFFICE OF THE SUPERINTENDENT OF POST OFFICES, PATHANAMTHITTA. 2. THE TAHSILDAR (RR), PATHANAMTHITTA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 9637 of 2003(V) ORDER ON C.M.P NO.16737/2008 IN O.P.NO.9637/2003 CLOSED. SD/- C.N.RAMACHANDRAN NAIR, JUDGE 07/01/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF NOTICE NO.B5 743/03 DATED 04/03/2003 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2 TRUE COPY OF NOTICE NO.B5 743/03 DATED 04/03/2003 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P3 TRUE COPY OF THE STATEMENT GIVEN BY THE PETITIONER BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA IN C.C.NO.238/2000 DATED NIL. EXTS OF RESPONDENT NO.1 EXT.R1(a) TRUE COPY OF LETTER DATED 07/07/99 ISSUED BY THE SUPDT. OF POST OFFICES, PATHANAMTHITTA. EXT.R1(b) TRUE COPY OF ACKNOWLEDGEMENT CARD DATED 12.07.1999 OF THE PETITIONER. EXT.R1(c) TRUE COPY OF LETTER NO.F4/2/98-99 DATED 15/12/1999 ISSUED BY THE SUPDT. OF POST OFFICES, PATHANAMTHITTA TO THE PETITIONER. EXT.R1(d) TRUE COPY OF ACKNOWLEDGMENT CARD RECEIVED BY THE PETITIONER DATED 20/12/1999 EXT.R1(e) TRUE COPY OF LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 05/01/2000 EXT.R1(f) TRUE COPY OF LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 12/05/2000 EXT.R1(g) TRUE COPY OF ACKNOWLEDGMENT CARD RECEIVED BY THE PETITIONER DATED 13/05/2000 \\TRUE COPY// C.N.RAMACHANDRAN NAIR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O.P.No. 9637 of 2003 (V) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 7th day of January, 2008 J U D G M E N T The petitioner is challenging the recovery proceedings initiated against him for an amount of Rs.16,255/-, being the amount misappropriated by him while he was working as a Postal Assistant. The petitioner faced criminal prosecution for misappropriation of Rs.6,374/-, which is part of Rs.16,255/-, sought to be recovered in recovery proceedings. The petitioner, while working as a postal assistant, collected recurring deposits from depositors, acknowledged the receipts in the pass books, but did not remit the amount in government account. Even though the total misappropriation found on departmental enquiry was Rs.16,255/-, police on enquiry established a case of misappropriation of Rs.6,374/- and laid charge against the petitioner. It is not known whether the criminal case is over. In any case, it is seen that the petitioner himself has agreed to remit the misappropriated amounts by writing Ext.R1(e) letter. I do not O.P.No.9637 of 2003 (V) -: 2 :- find any subsistence in the challenge because the Division Bench of this Court in W.A.No.3536/2001 [Superintendent of Post Offices vs.Annie Mathew] held that Revenue Recovery Proceedings can be taken against a Central Government employee under the provisions of Public Accounts Default Act. In view of the proved misappropriation and in view of the undertaking by the petitioner to remit the misappropriated amount, I find that the petitioner's challenge in the O.P is not maintainable. O.P is, accordingly, dismissed. C.N.RAMACHANDRAN NAIR, Judge ms O.P.No.9637 of 2003 (V) -: 3 :- C.N.RAMACHANDRAN NAIR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O.P.No. 9637 of 2003 (V) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J U D G M E N T 7th January, 2008