IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12698 of 2009(F)
1. K.GOPALAKRISHNAN, L.D.CLERK,
... Petitioner
Vs
1. THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT)
... Respondent
2. THE MUNSIFF, MUNSIFF COURT, HOSDURG,
For Petitioner :SRI.K.T.SHYAMKUMAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :01/10/2009
O R D E R
V.GIRI, J
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W.P.(C).12698/2009
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Dated this the 1st day of October, 2009
JUDGMENT
Petitioner is an L.D.Clerk in the Subordinate Judicial
Department and is currently posted in the Munsiff Court,
Hosdurg. He is aggrieved by Ext.P1 proceedings issued by
the Munsiff Court requiring him to refund a sum of
Rs.19,685/- stated to be the excess pay and allowance drawn
and disbursed to him. It is further stated therein that
increment for the period from 8.3.2001 to 30.9.2008 was
illegally granted to him. Ext.P1 has been challenged on
various grounds. One of them is that the petitioner was not
heard before Ext.P1 order was passed.
2. A counter affidavit has been filed on behalf of the 1st
respondent. It seems that Ext.P1 was issued on the basis of
audit objection. It is also noteworthy that the petitioner was
not heard on the audit objection before order of refund was
passed. Ext.P1 shall therefore, stand set aside. The audit
objection in relation to the petitioner and referred to in
Ext.P1 shall be communicated to him within two months from
W.P.(C).12698/09
2
the date of receipt of a copy of this judgment. He shall be
given an opportunity of filing his objections thereto and fresh
order shall be passed by the 2nd respondent, after hearing the
petitioner. Any recovery pursuant to Ext.P1 shall abide by the
order to be passed by the 2nd respondent.
Writ petition is disposed of as above.
V.GIRI,
Judge
mrcs