SREENIVASAN NAIR Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) IN these writ petitions a common order passed by the Secretary to Government dated 30th March 1991 authorising to recover the entire death -cum -retirement gratuity payable to the Petitioners as part of their liability fixed against them under Rule 3, Part III of the Kerala Service Rules read with Rule No. 30 is challenged. A sum of Rs. 1,91,725 each would be so recovered from M.S. Nair (Petitioner in O.P. No. 7219/91) and M.G. Krishna Warrier (Petitioner in O.P. No. 5502/91). Both retired from Government service on superannuation; M.S. Nair on 31st July 1987 and M.G. Krishna Warrier on 30th November 1987. At the time of retirement, M.S. Nair was the Additional Director of Soil Conservation and M.G. Krishna Warrier was the Joint Director of Soil Conservation.

(2.) THE charge memo was issued to M.S. Nair on 23rd July 1987 whereas in the case of M.G. Krishna Warrier, it was issued on 21st July 1987. On the basis of the charge memos disciplinary proceedings had been initiated against the Petitioners under the provisions of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. The charges framed against them are identical and they are as follows:

(3.) THE Petitioners had however received communications from the Government that they were found liable to pay the amount of Rs. 1,91,725 each towards the loss sustained by the Government. It is further stated therein that a portion of the said liability would be recovered from the D.C.R.G. payable to them under Rule 3, Part III of the Kerala Service Rules. To that also the Petitioners submitted written explanations. Ultimately a common order was passed by the Government on 30th March 1991 fixing the liability of each Petitioner as Rs. 1,91,725. The operative portion of the said order is as follows: