IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 OP.No. 34990 of 2001(M) ---------------------------------- PETITIONER: ------------------- SRI. P.P. JOSEPH, HIGH SCHOOL ASSISTANT, GOVT. HIGH SCHOOL, THIRUVANVANDOOR. BY ADV. SRI.K.P.RAJEEVAN, ADV. SMT.RADHIKA ARAVIND. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 3. THE HEADMASTER, GOVT. UPPER PRIMARY GIRLS SCHOOL, CHENGANOOR. 4. THE PRINCIPAL, GOVT. HIGHER SECONDARY SCHOOL, THIRUVANVANDOOR. R1 TO R4 BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 34990/2001-M: ORDER ON C.M.P. NO. 57090/2001 IN O.P. NO. 34990/2001-M DISMISSED 10/11/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. A3-13488/99 DTD. 05/07/99 OF THE R.2. EXT.P.2: COPY OF THE ORDER NO. A1-26408/99 DTD. 28/12/99 OF THE R.2. EXT.P.3: COPY OF THE MEMO OF CHARGES WITH STATEMENT OF ALLEGATION. EXT.P.4: COPY OF THE REPLY OF THE PETITIONER DTD. 05/12/2000. EXT.P.5: COPY OF THE LETTER DTD. 15/12/00 TO THE R.2. EXT.P.6: COPY OF THE NOTICE DTD. 18/01/2000 FROM THE R.2. EXT.P.7: COPY OF THE NOTICE DTD. 03/04/2001 FROM THE R.2. EXT.P.8: COPY OF THE NOTICE DTD. 06/06/2001 FROM THE R.2. EXT.P.9: COPY OF THE REPLY DTD. 03/07/2001 OF THE PETITIONER. EXT.P.10: COPY OF THE LETTER DTD. 01/07/1999 TO THE R.2. EXT.P.11: COPY OF THE RESOLUTION DTD. 26/07/99. EXT.P.12: COPY OF THE LAST PAY CERTIFICATE ISSUED BY THE R.3. DTD. 20/09/2001. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ---------------------------------------------- O.P. No.34990 of 2001 ---------------------------------------------- Dated 10th November, 2008. J U D G M E N T Petitioner approached this court aggrieved by the steps taken for recovery. According to the respondents, such steps have been taken since the petitioner failed to clear the audit objections. In the counter affidavit it is stated that despite several opportunities given to the petitioner, no steps were taken by the petitioner to clear the objections. This is vehemently opposed by the learned counsel for the petitioner. It is stated that no opportunity was given to the petitioner to verify the records. Having regard to the submissions made by the learned counsel on both sides, I am of the view that this is a case where petitioner should be granted a fresh opportunity to peruse the records, so as to take steps to clear the audit objections. Accordingly, the writ petition is disposed of as follows :- Petitioner may present himself before the second respondent on 12.12.2008 along with a copy of the judgment and the writ petition, on which date, the second respondent shall permit the petitioner to go through the records maintained by OP NO.34990/01 2 respondents 3 and 4. He shall also be given an opportunity to make submissions with regard to the objections. The needful as above shall be done within another one month. Thereafter, the second respondent shall pass fresh orders in the matter on or before 31.1.2009. There shall be no recovery till such time. It is made clear that orders, if any already passed shall be ignored by the second respondent, so as to enable him to pass fresh orders as above. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- O.P. No.34990 of 2001 ---------------------------------------------- J U D G M E N T Dated 10th November, 2008.