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PHILOMINA. P.T., SECRETARY versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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PHILOMINA. P.T., SECRETARY v. STATE OF KERALA, REPRESENTED BY - WP(C) No. 5719 of 2006(E) [2007] RD-KL 6108 (23 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5719 of 2006(E)

1. PHILOMINA. P.T., SECRETARY
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. THE DIRECTOR, LOCAL FUND AUDIT,

3. THE DEPUTY DIRECTOR,

For Petitioner :SRI.M.V.BOSE

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :23/03/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C)No.5719 of 2006
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Dated: 23rd March, 2007



JUDGMENT

Heard both sides.

2. My attention was drawn by the counsel for the petitioner to the judgment of this court in W.P.C.No.23800 of 2003 wherein a learned Single Judge of this court noticing Rule (ii) of the Kerala Local Fund Audit Rules, 1994 held that charge/surcharge certificates served on the persons responsible beyond a period of four months from the date of the charge/surcharge notice will be illegal. It is clear on perusing Exts.P1 and P2 that in this case also certificate is issued beyond a period of four months from the date of the surcharge notice. Since the issue is covered by the judgment of this court in W.P.C.No.23800 of 2003, the Writ Petition is only to be allowed. Accordingly, Ext.P2 is quashed and the Writ Petition is allowed.

srd PIUS C.KURIAKOSE, JUDGE


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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