High Court Kerala High Court

K.Gopalakrishnan vs The Principal Accountant General … on 1 October, 2009

Kerala High Court
K.Gopalakrishnan vs The Principal Accountant General … on 1 October, 2009
       

  

  

 
 
  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
                         -------------------
                     W.P.(C).12698/2009
                         --------------------
            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