IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 34546 of 2007(K)
1. DR.K.P.RAMAN, RETIRED DISTRICT
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. ADDITIONAL SECRETARY TO GOVERNMENT
3. DIRECTOR OF HEALTH SERVICES,
4. DISTRICT MEDICAL OFFICER(HEALTH),
5. SUPERINTENDENT,
For Petitioner :SRI.T.J.MICHAEL
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :23/11/2007
O R D E R
V.GIRI,J.
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W.P ( C) No. 34546 of 2007
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Dated this the 23rd November, 2007
J U D G M E N T
The petitioner who retired from service from the
Department of Health Services on 30.11.2001 is aggrieved by
Exhibit-P6 order issued by the Government, wherein it accorded
sanction to the Director of Health Services to proceed against
the petitioner for recovery of Rs.89,182/- stated to be the
pecuniary loss sustained by the Government under the
provisions of the Public Accountants Act, 1963.
2. According to the petitioner, the order is passed
without notice to him. Though he had sought for a personal
hearing, the same was not granted.
3. In my view, the petitioner has a right to object to any
demand that is made under the Public Accountants Act, 1963,
when the demand is made as such. Exhibit-P6 only accords
sanction to the competent authority to raise a demand under the
Public Accountants Act.
Learned Government Pleader brings to my notice Sub
section 3 (3) of the said Act which provides that if the Public
Accountant does not satisfy the demand, but appears and objects
W.P ( C) No. 34546 of 2007
2
to the claim wholly or in part, the Collector shall enquire into the
matter and record a decision. Obviously, if the petitioner objects
to the demand, the procedure under Sub Section 3 (3) will have
to be followed.
In the result, it is made clear that enforcement of the
demand, if any raised pursuant to Exhibit-P6 can only be after
following the procedure which is mentioned under Sub section
3 (3) of the said Act. Subject to the above observation, this writ
petition is disposed of.
(V.GIRI, JUDGE)
ma
W.P ( C) No. 34546 of 2007
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K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
ORDER
25th May, 2007