STATE OF KERALA Vs. K RAMAKRISHNAN NAMBIAR

JUDGEMENT

(1.) This appeal is by the State. By the impugned judgment, recovery ordered from the first respondent/writ petitioner has been quashed on the ground that it is in respect of the loss allegedly sustained by Government on account of certain misconducts alleged to have been committed more than 4 years before the initiation of the proceedings.

(2.) It is submitted by the Government Pleader assailing the judgment that the period of limitation of four years mentioned in Clause (b) to the proviso to Rule 3 Part III of the Kerala Service Rules [KSR] is concerning the proceedings initiated against a retired employee if such action had not been initiated during his employment. In the case of proceedings initiated while a pensioner was in service, Clause (a) to the proviso to Rule 3 alone will apply. It does not provide for any limitation.

(3.) But at the same time, to sustain the judgment, it is submitted by the first respondent/writ petitioner that the limitation period provided in Clause (b) shall have to be applied to the cases falling in Clause (a) as well; because such a provision is intended to safeguard the interest of the incumbents facing allegation effectively. It is further submitted that the judgment has to be sustained, as the action taken was violative of the proviso to Clause (b) which requires consultation with the Public Service Commission, which is absent in this case. It is further submitted that in effecting the recovery from pensionery benefits, the provision contained in Article 304(b) of the Kerala Financial code has to be strictly followed. That has not been done in this case. Therefore, there is no reason for interference, the first respondent/writ petitioner submits.