G BHASKARA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st petitioner retired from service as Deputy Director of Education on 30-4-1993. At that time, some disciplinary proceedings were pending against him. Because of the same, his retirement benefits were not disbursed to him. Therefore, he filed O.P.No. 8477/1994, in which this Court directed disbursement of the retirement benefits to the 1st petitioner but gave liberty to the respondents to complete the disciplinary proceedings within three months from the date of receipt of copy of the judgment. Pursuant to that judgment, the Director of Public Instructions issued Ext. P5 order dropping the disciplinary action against the 1st petitioner. It appears that, in the meanwhile, pursuant to an audit objection, proceedings were initiated to fix certain liability on the petitioner. Originally the liability proposed was Rs. 8771.95 as per Ext. P6 order. Later, Ext. P7 notice dated 16-8-1997 was issued to him directing him to show cause why an amount of Rs. 17,543.90 should not be fixed on the petitioner as liability from him. The petitioner filed Ext. P8 reply and despite the reply which was filed on 29-10-1997, the Director of Public Instructions passed Ext. P9 order dated 6-12-1997 fixing the said amount as liability on the petitioner. The 1st petitioner again filed Ext.P10 representation to which he has given Ext. P11 liability certificate showing his liability as Rs. 22,884/-. The 1st petitioner challenged Exts. P9 and P11 in this original petition. During the pendency of the original petition, the 1st petitioner died and legal heirs have come on record as additional petitioners 2 and 3.

(2.) The main contention raised by the petitioner is that Exts. P9 and P11 have been issued beyond the three year period prescribed by Note 3 to Rule 3 of Part III of KSR. Counsel for the petitioners would submit that going by the said Note, liability should have been O.P. No. 7060/98. -: 2 :- quantified and intimated to the 1st petitioner within three years on becoming pensioner. The 1st petitioner retired from service on 30-4- 1993. Ext. P9 is issued on 6-12-1997, which is more than four years after the retirement of the 1st petitioner. Ext. P11 liability certificate is still later dated 9-3-1998.

(3.) Learned Government Pleader would submit that it is not necessary that the final proceedings fixing the liability should be within the three years, but only proceedings need be initiated within three years.