The High Court of Kerala set aside a Munsiff Court refund order passed without hearing the petitioner on an audit objection, directing the respondent to communicate the objection and allow a fresh hearing.
Refund order ext.P1 set aside; audit objection to be communicated with opportunity for objections and fresh order after hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI
THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931
WP(C).No. 12698 of 2009(F)
----------------------------------
PETITIONER(S):
--------------------
K.GOPALAKRISHNAN, L.D.CLERK, MUNSIFF COURT, HOSDURG, KASARGOD DISTRICT.
BY ADV. MR.K.T.SHYAMKUMAR
RESPONDENT(S):
-------------------------
1. THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT) OFFICE OF THE PRINCIPAL ACCOUNTANT GENRAL (AUDIT) THRISSUR.
2. THE MUNSIFF, MUNSIFF COURT, HOSDURG, KASARGOD DISTRICT.
R1 & R2 BY SR.GOVERNMENT PLEADER NANDAKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.12698/2009
APPENDIX
PETITIONER'S EXHIBITS
P1:- COPY OF THE MEMO DTD. 1.4.2009 ISSUED BY THE 2ND RESPONDENT.
TRUE COPY
P.A. TO JUDGE
tss
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.
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
1 issue framed by the court
Whether a workman can be refunded excess pay without being heard on the audit objection.
K.GOPALAKRISHNAN
THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT) OFFICE OF THE PRINCIPAL ACCOUNTANT GENRAL (AUDIT) THRISSUR
THE MUNSIFF, MUNSIFF COURT, HOSDURG, KASARGOD DISTRICT
V.GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
