(1.) Challenge in this writ petition is to an order passed in Complaint No.2198 of 2012 A dated 10.05.2016, by which, after considering the rival submissions, Lok Ayukta, at paragraphs 8, 9 and 10, ordered thus:
(2.) Assailing the said order, University of Kerala, has filed this writ petition mainly on the ground inter alia that Lok Ayukta has no jurisdiction to pass orders, which is adjudicatory in nature, and that Lok Ayukta has no jurisdiction to issue positive direction. Reliance has been placed on the decisions of this Court in State of Kerala v. Bernard [2002 (3) KLT 254], Sunayana v. Tahsildar, Tvm. and Others [2013 (1) KHC 836] and University of Kerala v. Parvathy Krishna [2014 (2) KLT 233]. University of Kerala has further contended that respondent No.1 is liable to pay Rs.31,87,701/-.
(3.) A detailed counter affidavit has been filed by the 1 st respondent contending, inter alia, that she retired from service on 30.04.2011. According to her, Ext.P1 is incorrect and the same cannot be accepted, in view of the provisions contained in Rule 3 Part III of the Kerala Service Rules, which contemplates that Government can recover from pension the whole or part of any pecuniary loss caused to Government in a departmental or judicial proceedings. Reliance has been placed on Shamsudeen v. Secretary to Government [2008 (4) KLT 133].
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