N.ABDUL REHMAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner is a retired Panchayat Secretary. During his career, he worked in the Vilappil Grama Panchayat during the years 1999 and 2000, till 25.2.2000. He retired from service on 31.12.2006. Thereafter, by Ext.P2 dated 14.12.2007, he was directed to appear before the Local Fund Accounts Committee of the Legislative Assembly on 27.12.2007 for a hearing on the audit report for the year 2000-2001 of Vilappil Grama Panchayat. According to the petitioner, no hearing took place on that day. Thereafter, without notice to the petitioner, a hearing was conducted on 6.2.2008. Now, on the ground that the petitioner is responsible for not collecting the 4th instalment of market fees due in December,2000, surcharge proceedings have been initiated against the petitioner directing him to pay an amount of Rs. 56,382.00. Such proceedings initiated under Exts. P4 and P6 are under challenge in this writ petition.

(2.) THE petitioner raises two contentions. The first is that the recovery is of the market fee due in December, 2000 after the petitioner left the Panchayat on 25.2.2000. The second is that the proceedings have been initiated beyond the period prescribed in the proviso to Section 215(9) and as such, the recovery is barred by limitation.

(3.) I have considered the rival contentions in detail.