IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 38853 of 2003(A) -------------------------- PETITIONER(S): --------------- P.SATHYABHAMA W/O. V.KESAVAN NAIR, RESIDING AT PARVATHY NILAYAM, NELLIKKODE, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR (GENERAL), KOZHIKODE DISTRICT CO-OPERATIVE SOCIETY, KOZHIKODE 3. THE ASSISTANT REGISTRAR (VIGILANCE), OFFICE OF THE JOINT REGISTRAR, KOZHIKODE 4. THE ASSISTANT REGISTRAR, OFFICE OF THE JOINT REGISTRAR, KOZHIKODE. 5. THE SECRETARY, KERALA AYURVEDA CO-OPERATIVE SOCIETY, KOZHIKODE. ADV. SRI.P.C.SASIDHARAN FOR R5 SRI.SHANTI PAUL FOR R5 R1 TO R4 BY GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTICE OF THE 2ND RESPONDENT EXT.P2 TRUE COPY OF THE PETITION DATED 9.11.1998 EXT.P3 TRUE COPY OF THE PETITION DATED 16.11.1998 EXT.P4 TRUE COPY OF THE LETTER DATED 23.11.1998 EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 25.11.1998 EXT.P6 TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 4.12.1998 EXT.P7 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT. EXT.P8 TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER DATED 23.8.2000 EXT.P9 TRUE COPY OF THE ORDER DATED 25.10.2003 WHICH WAS RECEIVED BY THE PETITIONER DATED 21.11.2003 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 38853 OF 2003 -------------------------------------------- Dated this the 9th day of June, 2009 JUDGMENT Petitioner is challenging Exts. P7and P9 proceedings whereunder she was directed to make payment of Rs.22,433.60, being the loss caused by her to the fifth respondent-society. Admittedly petitioner took voluntary retirement in 1992. Enquiry under Section 68 was initiated in 1996 and was completed 8 years after her retirement vide Ext.P7 issued on 5.7.2000. The finding in Ext.P7 is that petitioner has through bogus receipts knocked off Rs. 22,433.60. However, admittedly petitioner was not heard before the finding was entered. Even though petitioner filed appeal against Ext.P7, the same was dismissed vide Ext.P9. Even in the order in appeal, there is no finding as to which are the bills that are manipulated by the petitioner. Even though Government Pleader submitted that procedural impropriety will be corrected by giving opportunity to the petitioner to verify the records, I do not think there is any scope for remanding the matter because the matter is more than 20 years old and petitioner herself 2 retired 17 years back. W.P.C. is therefore allowed quashing the impugned proceedings against the petitioner. (C.N. RAMACHANDRAN NAIR) Judge kk 3