IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 28143 of 2003(A) -------------------------- PETITIONER(S): --------------- B.SAKUNTHALA, DRAFTSMAN GRADE - I, PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA. BY ADV. SRI.C.P.SUDHAKARA PRASAD (SR.) SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.P.N.SANTHOSH SRI.S.D.ASOKAN SRI.NAVEEN.T RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES (WSC) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE (SOIL CONSERVATION) UNIT, SREE SABARI BUILDING, CHALAI P.O., THIRUVANANTHAPURAM. 3. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM - 33. 4. THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA. ADV. GOVERNMENT PLEADER SHRI.K.J.MOHAMED ANZAR, FOR R2 SRI.J.KRISHNA KUMAR, SC, KWA FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON 21/01/2009 DELIVERED THE FOLLOWING: W.P.(C).No. 28143/03. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE COMMUNICATION DTD.30.11.2002. P2. COPY OF THE COMMUNICATION DTD.22.11.02 TO R2. P3. COPY OF THE LETTER TO 21.10.2002 GOVT. TO R2. P4. COPY OF THE COMMUNICATION DTD.22.10.02 BY R2 TO GOVT. P5. COPY OF THE REPRESENTATION DTD.7.12.02 TO R4. P6. COPY OF THE COMMUNICATION DTD.27.603 TO R3 TO R4. P7. COPY OF THE -DO- DTD.2.6.03 BY GOVT. TO R3. P8. COPY OF THE COMMUNICATION DTD.21.7.03 FROM R2 TO R4. P9. COPY OF THE COMMUNICATION DTD.8.8.03 BY R3 TO R4. RESPONDENT(S)' EXHIBITS: R1A. COPY OF THE REPRESENTATION OF THE PETITIONER DTD.7.12.02. B. COPY OF THE LETTER DTD.21.7.03 OF DIRECTOR OF AGRICULTURE (SOIL CONSERVATION UNIT). Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.28143 of 2003 ================== Dated this the 21st day of January, 2009 J U D G M E N T The petitioner joined the service of the Agricultural Department of the Government of Kerala as Works Superintendent in the Soil Conservation Unit as per the advice of the PSC on 1.7.1985. The petitioner worked there till 4.7.1988. Thereafter, she was again selected by the PSC for appointment in the Kerala Water Authority as IInd Grade Draftsman. She joined the Kerala Water Authority with effect from 5.7.1988. While she was working as such, she was served with a copy of Ext.P1 communication along with Exts.P2 and P3 which refer to recovery of certain amounts from her in respect of certain irregular payment of Rs.32.72 lakhs in connection with soil conservation work. The same was followed up with Exts.P4, P6 to P9 in respect of recovery of an amount of Rs.55,885/- from the petitioner. 2. The petitioner's primary contention is that such a liability has not been fixed on the petitioner with notice to the petitioner to explain her stand. She further submits that no charge memo was issued to her, nor were any other disciplinary proceedings taken against her in respect of the same. The petitioner, therefore, seeks the following reliefs: “i) issue a writ of mandamus or any other appropriate writ, direction or order declaring that no recovery from the salary of the petitioner could be made on the basis of Exts.P1 to P4 and P6 to P9. ii) issue a writ of mandamus or any other appropriate writ, direction or order declaring that the fixation of liability of Rs.55,885/- w.p.c.28143/03 2 against the petitioner for the matters made mention of in Ext.P8 is illegal and abinitio void. iii) issue a writ of mandamus or any other appropriate writ, direction or order declaring that the petitioner is not liable to be proceeded on the basis of the matters made mention of in Ext.P8. iv) issue a writ of mandamus or any other appropriate writ, direction or order asking the respondents not to recover any amount from the petitioner on the basis of Exts.P1 to P4 and P6 to P9.” 3. A counter affidavit has been filed by the State, in paragraph 4 whereof it is stated thus: “4. When the liability was fixed among the officers, the petitioner was not in service in this Department and exact whereabouts of the petitioner was not known to this Department. Therefore, communications in this regard could not be sent in time and the matter has been reported to Government. The Department presumed that Govt. might have taken action to recover the amount from Smt.B.Sakunthala. The matter came up before public Accounts Committee meeting and it was found that the petitioner has not remitted the liability fixed on account of the loss sustained to Government. Therefore, the matter was again taken up with the Kerala Water Authority for the realization of the amount from Smt.B.Sakunthala.” From the said averments it is abundantly clear that the petitioner has not been given any notice or hearing before the liability was fixed. It is settled law that no liability can be imposed on an officer without any notice to the officer and opportunity to explain why the amounts should not be recovered from him/her. Here that exactly has happened. Therefore, the impugned orders cannot be sustained in law. Accordingly, the impugned orders are quashed. The writ petition is allowed as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.28143/03 3