In a writ petition seeking directions to stop salary deductions and compel investigation, the Court accepted the submission that the grievance is no longer in existence as the amount due has been satisfied and no offence was detected in the complaint. The writ petition was closed accordingly.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 18TH DAY OF JANUARY 2012/28TH POUSHA 1933
WPC.No. 31461 of 2006 (U)
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PETITIONERS: -
1. SATHYAN, S/O.APPUKUTTAN, AGED 40 YEARS, SOUPARNIKA, TC 6/1582 THOROTTUKONAM, THURUVIKAL P.O., THIRUVANANTHAPURAM.
2. PUSHPALATHA, AGED 41 YEARS, SOUPARNIKA, TC 6/1582, THOROTTUKONAM, THURUVIKAL P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.BECHU KURIAN THOMAS
RESPONDENTS : -
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT HEALTH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. SUPERINTENDENT, S.A.T.HOSPITAL, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.
3. SUDHARMA, U.D.CLERK, S.A.T.HOSPITAL, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.
4. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM.
5. INSPECTOR GENERAL OF POLICE, VIGILANCE AND ANTICORRUPTION BUREAU, THIRUVANANTHAPURAM.
6. THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD., VITHURA BRANCH, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.
7. KERALA STATE FINANCIAL ENTERPRISES, THIRUVANANTHAPURAM.
R7 BY SRI.RAJU JOSEPH, ADDL.SC.,KSFE LTD. R7 BY SRI.K.S.HARIHARAPUTHRAN,SC,K.S.F.E. LTD
R6 BY SRI.T.R.RAMACHANDRAN NAIR(SC T.D.CO-OPB R6 BY SRI.K.G.RADHAKRISHAN,SC,TVM.DIST.CO.OP. R6 BY SRI.THOMAS ABRAHAM SC THIVANDRUM DIST. CO.OP.BANK GOVERNMENT PLEADER SMT. LILLY LESLIE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.No. 31461 of 2006 (U)
APPENDIX
PETITIONERS' EXHIBITS:
| EXT P1 : | COPY OF THE SALARY RECEIPT FOR THE MONTH OF AUGUST 2006 ISSUED TO THE 2ndPETITIONER. |
|---|---|
| EXT P2 : | COPY OF THE RECEIPT FOR PAYMENT OF MONEY DATED 24.8.2006 ISSUED TO THE 1stPETITIONER. |
| EXT P3 : | COPY OF THE LETTER DATED 24.08.2006 ISSUED BY THE 6thRESPONDENT. |
| EXT P4 : | COPY OF THE PETITION DATED 17.10.2006 SUBMITTED BY THE 1st PETITIONER TO THE 2ndRESPONDENT. |
| EXT P5 : | COPY OF THE LETTER DATED 19.10.2006 SUBMITTED BY THE 1st PETITIONER TO THE 2ndRESPONDENT. |
| EXT P6 : | COPY OF THE PETITION DATED 20.10.2006 FILED BY THE 1stPETITIONER BEFORE THE 4thRESPONDENT. |
| EXT P7 : | COPY OF THE PETITION DATED 27.10.2006 FILED BY THE 1stPETITIONER BEFORE THE 5thRESPONDENT. |
| EXT P7 (a) : | COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE OFFICE OF THE 5th RESPONDENT. |
| EXT P8 : | COPY OF THE LETTER DATED 20.11.2006 FILED BY THE 2ndPETITIONER BEFORE RESPONDENTS 2 AND 3. |
| EXT P9 : | COPY OF THE DEMAND NOTICE DATED 8.1.2008 AND NUMBERED AS 442/08. |
RESPONDENTS' EXHIBITS: NIL.
TRUE COPY
P.A. TO JUDGE
DMR/-
P.R. RAMACHANDRA MENON,J.
W.P. (c) NO. 31461 of 2006
Dated this the 18th day of January, 2012
JUDGMENT
The Petitioner has approached this Court with the following prayers.
i. Issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1, 2 and 3 not to deduct any further amounts from the salary of the 2nd petitioner.
ii. Issue a writ of mandamus or other appropriate writ, order or direction directing respondents 2 and 3 to deposit the amounts deducted from the 2nd petitioner's salary to loan account of the 1st petitioner with respondents 6 and 7.
iii. Issue a writ of mandamus or other appropriate writ, order or direction directing respondents 4 and 5 to register F.I.R. and conduct investigation and complete the same within a time limit on Ext. P6.
iv. Issue a writ of mandamus or other appropriate writ, order or direction directing respondent 4 and 5 to investigate all cases of misappropriations of deducted amounts being carried out by respondents 2 and 3 and or such others.
v. Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.
W.P. (c) NO. 31461 of 2006 -2-
the grievance is no longer in existence, as the entire amount due to the concerned respondent has already been satisfied. Learned Government Pleader also submits that, though a complaint was received from the petitioner, when the matter was enquired into, no offence was detected and hence no crime was registered. Having regard to the submissions made by the learned counsel for the petitioners that no grievance subsists, the writ petition is closed accordingly.
P.R. RAMACHANDRA MENON JUDGE
DMR /-
SATHYAN
PUSHPALATHA
STATE OF KERALA
SUPERINTENDENT, S.A.T.HOSPITAL
SUDHARMA
THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD.
P.R.RAMACHANDRA MENON
As recorded by the court registry
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