IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33349 of 2004(T)
1. SRI.C.M.SETHUMADHAVAN,
... Petitioner
Vs
1. DEPUTY TAHSILDAR (RR), MANNARKKAD,
... Respondent
2. SUPERINTENDENT OF POST OFFICES,
For Petitioner :SRI.RAJESH NAMBIAR
For Respondent :SRI.JOHN VARGHESE, ASSISTANT SG
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :27/06/2008
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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W.P.(C) No.33349 of 2004
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Dated this the 27th day of June, 2008.
JUDGMENT
The petitioner is challenging recovery proceedings for recovery of
loss caused by him while he was in the service of the Central Government
as a Branch Post Master. Admittedly disciplinary action was taken against
the petitioner for misappropriation which led to his dismissal from service.
The question is whether the misappropriated amount could be recovered
from the petitioner. Details are furnished in the counter affidavit which
shows that an amount of Rs.20,000/- with interest of Rs.3,813/- is
recoverable from the petitioner. This amount represents unauthorised
withdrawal by the petitioner from the account of various persons maintained
in the Post Office. Along with disciplinary action, loss caused to the
Government also can be recovered from State Government employees under
the Kerala Public Accountants Act, 1963 and from the Central Government
employees under the Public Accountants Act, 1850. The petitioner has not
filed any reply to counter affidavit denying the liability. In the
circumstances, W.P. is devoid of any merit and is dismissed directing the
respondents to proceed for recovery.
C.N.RAMACHANDRAN NAIR
Judge
pms