IN THE HIGH COURT OF KERALA AT ERNAKULAM
DBAR.No. 3 of 2004()
1. THE DY. DIRECTOR, LOCAL FUND AUDIT
... Petitioner
Vs
1. THE SECY. TDB., TRIVANDRUM
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.NAGARAJ NARAYANAN, SC, TDB
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :24/11/2010
O R D E R
THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ.
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DBAR No.3 of 2004
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Dated 24th November 2010
Order
Thottathil.B.Radhakrishnan, J.
Read TDB final report No.127/10 of the learned
Ombudsman filed in this case after hearing the necessary
parties.
2. The learned Ombudsman concluded that an
amount of Rs.1,24,700/- will be the liability of Sri.Sureshkumar
since no proper vouchers or receipts were produced for
advancing such amounts to the Thanthri and others. However,
the learned Ombudsman states that in fact, Sri.Sureshkumar
had spent Rs.2 lakhs from his pocket for the expenses noted in
the accounts book and he is entitled to get credit of the said
amount. This view is taken because such expenses are
necessary expenses and other sources of income are not
pointed out for incurring such expense.
3. We are of the view that an amount of Rs.2 lakhs
could be given credit to as having spent by Sri.Sureshkumar,
on reconciliation, in the absence of specific vouchers being
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maintained. We direct that Sri.Sureshkumar will be treated as
not liable for the amount due to the Board, however, that no
amount need be released to him towards any expenditure in
that regard. Following this order, any proceedings against
Sri.Sureshkumar will stand dropped. Pursuant to this, the Board
will take immediate action for quantification of the retiral
benefits due to him subject, of course to other sustainable
liabilities, if any. Let this be done on a time bound manner and
arrears released to him within a period of four months from now
without fail.
The DBAR is ordered accordingly.
THOTTATHIL.B.RADHAKRISHNAN,
JUDGE
P.BHAVADASAN, JUDGE
sta
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