IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 RP.No. 1192 of 2008(B) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23329/2004 Dated 11/07/2008 .................... REVIEW PETITIONER(S): ---------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPARTMENT OF TOURISM, REPRESENTED BY DIRECTOR,DEPARTMENT OF TOURISM,PARK VIEW, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 4. THE ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM. 5. THE SUB TREASURY OFFICER SUB TREASURY, EAST, THIRUVANANTHAPURAM. BY G.P. SMT.SMITHA SUKUMARAN RESPONDENT(S): --------------- M.PARAMESWARAN ACHARI, AGED 59, DEPUTY DIRECTOR(RETIRED), DEPARTMENT OF TOURISM, KERALA, MAKAYIRAM, RESIDING AT T.C.35/2572, VALIYAVILA, THIRUMALA P.O., TRIVANDRUM. BY ADV. SRI.THIRUMALA MANI THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. .................................................................... R.P. No.1192 of 2008 in W.P.(C) No.23329 of 2004 .................................................................... Dated this the 14th day of November, 2008. ORDER Review Petition is filed by the State apprehending that the observation of this court that three years is a reasonable time to fix liability on retired employees under the Public Accountants Act will affect recovery beyond 3 years in appropriate cases. This court has not given any finding in the judgment that recovery in all cases under the Public Accountants Act should be within three years of retirement. It is made clear that if Government is entitled to recover loss caused to it by Government servants without limitation under the Public Accountants Act, then the observation in the judgment will not stand in the way of the Government proceeding for recovery beyond three years. R.P. is allowed clarifying the observation as above. However, I make it clear that in all cases where recovery is interfered by court on account of delay, the loss caused to the Government should be recovered from the person whose duty it was to recover the amount from the delinquent/retired officer. C.N.RAMACHANDRAN NAIR Judge pms