IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 29850 of 2010(E) ---------------------------------- PETITIONER(S): ------------------- DEEPAK K.DASAN, DRAFTSMAN GRADE I (HIGHER GRADE), ENGINEERING SECTION, GREATER COCHIN DEVELOPMENT AUTHORITY, KOCHI-682 020, RESIDING AT NO.E6, GCDA STAFF QUARTERS, OPP.CENTRAL SCHOOL, KADAVANTHRA, KOCHI-682 020. BY ADVS. SRI.ASOK M.CHERIAN SRI.S.KANNAN SMT.S.RAKHEE RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, LOCAL SELF GOVERNMETN (IA) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE GREATER COCHIN DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, KOCHI-682 020. R1 BY GOVT.PLEADER SRI.A.J.VARGHESE R2 BY ADV. SRI.M.K.THANKAPPAN, SC, GCDA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ WP(C).No. 29850/2010(E) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE DATED 13/07/2010 OF THE 2ND RESPONDENT. P2: COPY OF THE GOVERNMENT LETTER OF THE 1ST RESPONDENT ADDRESSED TO THE SECRETARY OF THE 2ND RESPONDENT DATED 22/06/2010. P3: COPY OF THE REPORT OF THE DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU DATED 25/07/2009 BASED ON WHICH EXT.P2. P4: COPY OF THE CHARGE MEMO DATED 23/07/2010 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P5: COPY OF THE REPLY STATEMENT SUBMITTED BY THE PETITIONER TO EXHIBIT P4 MEMO OF CHARGES. RESPONDENT'S EXHIBITS NIL. /TRUEE COPY/ P.A. TO JUDGE SVS/ S.SIRI JAGAN, J. ----------------------------------------- W.P. (C) NO. 29850 OF 2010 ---------------------------------------- Dated this the 13th day of October, 2010. JUDGMENT The petitioner is an employee of the Greater Cochin Development Authority. By Ext.P2 Government Letter, the GCDA directed recovery of certain amounts from the petitioner on account of certain alleged irregularities on the part of the petitioner in the performance of his duties as an employee. According to the petitioner, the Government, without hearing the petitioner cannot issue such a letter and GCDA cannot take steps for such recovery without conducting disciplinary proceedings and entering a finding in respect of the alleged loss caused to the GCDA and fixing liability on the petitioner. When the matter came up on 6.10.2010 on the basis of the submission made by the standing counsel for the GCDA I passed the following order:- “The learned standing counsel for the GCDA submits that disciplinary proceedings have been initiated against the petitioner and only after disciplinary proceedings are over and only in accordance with the disciplinary proceedings, further proceedings would be taken to recover the amounts as stated in Ext.P2 Government order. I am of opinion that in view of the said submission, this writ petition itself can be disposed of, since the contention of the petitioner is that without any proceedings with notice to the petitioner no amounts can be recovered from the petitioner on the basis of Ext.P2 Government order. But the learned counsel for the W.P. (C) NO. 29850 OF 2010 2 petitioner seeks time.” Today the counsel for the petitioner submits that the writ petition can be disposed of in terms of the submission made by the standing counsel for the GCDA recorded in the said order. Ordered accordingly and this Writ Petition is disposed of. S.SIRI JAGAN, JUDGE. mns