IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21964 of 2009(M)
1. C.SAHAYADAS,
... Petitioner
Vs
1. THE DIRECTOR OF TREASURIES,
... Respondent
2. STATE OF KERALA,
3. THE SUPERINTENDENT,
For Petitioner :SRI.V.G.ARUN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :04/08/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 21964 of 2009
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Dated this the 4th day of August, 2009
JUDGMENT
The petitioner, who is presently working as Junior Superintendent in
Sub Treasury, Neyyattinkara, has filed this writ petition challenging Ext.P16
order passed by the Director of Treasuries fixing the sum of Rs.62,500/- as
his liability and directing recovery of the said amount from his salary.
2. The pleadings disclose that Ext.P16 order has been passed,
pursuant to Ext.P14 memo of charges, in exercise of the power conferred on
the Director of Treasuries under the provisions of the Kerala Civil Services
(Classification, Control and Appeal) Rules, 1960. Under rule 23 of the said
Rules, the petitioner has the right to file an appeal challenging Ext.P16
order. Under rule 25 of the Rules, the period of limitation for filing an
appeal is two months from the date on which a copy of the order appealed
against has been received by the appellant. In the instant case Ext.P16 order
is dated 3-7-2009. Even going by the date of Ext.P16, the period of
limitation prescribed for filing an appeal has not expired. Since the
petitioner has an effective alternate remedy by way of appeal under rule 23
W.P.(C) No. 21964/09 2
of the Rules, I am of the opinion that the petitioner should invoke the
appellate remedy instead of seeking the intervention of this Court at this
stage.
I accordingly dispose of this writ petition with the direction that in
the event of the petitioner filing an appeal challenging Ext.P16 within time
prescribed under rule 25 of the Rules, the appellate authority shall consider
the same and pass orders thereon expeditiously and in any event within four
months from the date on which such an appeal is received, after affording
the petitioner a reasonable opportunity of being heard. The contentions of
the petitioner on the merits are kept open. Till such time, recovery pursuant
to Ext.P16 from the petitioner shall be kept in abeyance.
P.N.RAVINDRAN,
JUDGE.
mn.