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P.RAGHAVA PODUVAL versus GENERAL MANAGER

High Court of Kerala

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P.RAGHAVA PODUVAL v. GENERAL MANAGER - OP No. 31436 of 2002(S) [2007] RD-KL 11483 (28 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 31436 of 2002(S)

1. P.RAGHAVA PODUVAL,
... Petitioner

Vs

1. GENERAL MANAGER,
... Respondent

2. DEPUTY GENERAL MANAGER (OP),

3. DIRECTOR FINANCE & ACCOUNTS,

4. K.V.MOHANKUMAR,

5. UNION OF INDIA,

For Petitioner :SRI.G.D.PANICKER

For Respondent :SRI.C.S.RAMANATHAN, SC, BSNL

The Hon'ble MR. Justice K.S.RADHAKRISHNAN The Hon'ble MR. Justice ANTONY DOMINIC

Dated :28/06/2007

O R D E R

K.S.RADHAKRISHNAN & ANTONY DOMINIC, JJ

O.P.31436/2002

Dated this the 28th day of June, 2007



JUDGMENT

K.S.Radhakrishnan, J.

Original petition is filed against the order of Central Administrative Tribunal in O.A.1386/1999. It is unnecessary to refer the facts in detail. Suffice it to say that some adverse entries were recorded in the confidential report of the petitioner for the period 1997-

98. One is that he had enjoyed the facilities of a service residential telephone connection at his permanent residence even after his transfer to another station and another entry was that he did not submit his transfer TA Bill for February, 1997, to his Controlling Officer and counter signed the bill himself violating the provisions of SR 192. CAT has found that there is no legality in enjoying the benefit of residential telephone, but it was held being an experienced senior Officer, he should not have countersigned his own TA Bill. Ext.P1 memo, issued by the first respondent, would also show that he did not authorise AO (Cash will function as Controlling Officer O.P.31436/2002 2 for the purpose of TA and NR claims for Group B, C and D officials. For Group-A officers DGM will be the controlling officer). We are of the view that no ill motive has been attributed to the petitioners for forwarding the letter directly.

2. In the facts and circumstances, the entry made on the report stands expunged. Original petition is allowed and the adverse remarks in the ACR for the year 1997-98 will stand expunged. There is no such previous incident has been reported. K.S.RADHAKRISHNAN Judge ANTONY DOMINIC Judge mrcs


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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