IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 19116 of 2009(H) -------------------------- PETITIONER(S): ------------------------ A.SARAF, COMMERCIAL TAX OFFICER (UNDER SUSPENSION) (FORMERLY CTO, ATTINGAL), "DARUL BARKETH", TC 20/1673, OPPOSITE CHELSA HOSPITAL, KARAMANA P.O., THIRUVANANTHAPURAM, PIN-695 002. BY ADVS. MR.VIJAYAN. K.U., MR.K.N.SREEKUMARAN. RESPONDENT(S): ----------------------------- 1. THE SUB-TREASURY OFFICER, ATTINGAL. 2. DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 19116 of 2009-H ------------------------------ Dated this the 24th day of July, 2009. J U D G M E N T Heard Sri.K.U.Vijayan, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner, who is working as Commercial Taxes Officer in the Commercial Taxes Department was placed under suspension by Ext.P1 order dated 14.3.2008. The order of suspension is still in force. His grievance is that at the request of the Kerala State Financial Enterprises, the Sub Treasury Officer, Attingal has declined to encash the subsistence allowance bills for the period from June 2008 to May 2009. The petitioner contends that he has not availed any loan from the Kerala State Financial Enterprises and has also not subscribed to any chitty, though he was surety for a chitty subscribed by his father. The petitioner contends that deduction towards re-payment of the prized chitty by the petitioner’s father who is the principal debtor, is not covered by Rule 55 of Part 1 KSR, and therefore the respondents are bound to disburse the subsistence allowance. The learned Government Pleader submits on instructions that the subsistence allowance bills upto May 2008 (inclusive of May 2008) have been passed and that bills from 6/2008 to 5/2009 (12 W.P(C) No. 19116 of 2009-H 2 in number) are held under objection. He submits that the Government have in G.O (P) No.87/96/Fin. Dated 12.1.1996 instructed all Heads of Departments/Treasury Officers to effect recovery of amounts due from Government employees, employees of Local Funds, all Government undertakings and private sector colleges, from their salary. A copy of the Government order was also made available to me for perusal. It is submitted that the Branch Manager of the Kerala State Financial Enterprises at Chalakudy in Thrissur District has informed the Sub Treasury Officer, Attingal that the sum of Rs.14,000/- is liable to be recovered from the petitioner and has also requested the Sub Treasury Officer to deduct Rs.5,000/- from the subsistence allowance payable to the petitioner. 3. As per the note to Rule 55 of Part 1 KSR, deduction can be made towards repayment of loans and advances taken from the Government. The respondents have no case that the petitioner has availed any loan from the Government. They have no case that there are any other items of permissible deduction. The stand taken by the Government is that deduction is based on the requisition made by the Kerala State Financial Enterprises. The principal debtor is not the petitioner but his father. Repayment of loans and advances taken from the Government can be recovered under Note 2, but the amounts payable W.P(C) No. 19116 of 2009-H 3 by the petitioner’s father to the Kerala State Financial Enterprises is not liable to be thus recovered. Recovery towards loans and advances taken from the Government alone is permissible under Rule 55 Part 1 of the KSR. I am therefore persuaded to agree with the learned counsel for the petitioner that recovery proposed to be effected from the subsistence allowance payable to the petitioner for the purpose of payment to the Kerala State Financial Enterprises is without the sanction or authority of law. The respondents are directed to disburse the subsistence allowance payable to the petitioner without deducting the amounts payable by the petitioner’s father to the Kerala State Financial Enterprises. I make it clear that direction issued herein relates only to recovery from the subsistence allowance payable to the petitioner and that it will be open to the Kerala State Financial Enterprises to proceed against the petitioner’s father, the petitioner and other sureties if any, in accordance with law. The writ petition is allowed as above. No costs. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA to Judge