Ramachandran, J.

An appeal from judgment dated 28-10-1997 in O.P.No.14331 of 1996 has been filed by the defeated petitioner. The challenge made in the Original Petition principally was against Ext.P5 which directed recovery of an amount of Rs.1,33,993/- from the petitioner/appellant. The appeal filed there from had been rejected by the Government. Learned counsel for the petitioner Sri. P.K. Ashokan submits that the contention as had been raised by the petitioner had practically been overlooked by the learned Judge and therefore, interference is warranted.

2. We may refer to the brief facts which might necessary for disposal of the appeal. Petitioner had been functioning as Radiographer Grade-II attached to the E.S.I. Hospital, Olarikkara. It seems that there were certain complaints against the functioning of the Institution, and a memo had been issued to the petitioner on 5-9-1991 pointing out that there was anomaly found in the stock of X-ray films when verification was conducted by the Resident Medical Officer. In the reply submitted by the petitioner, he had adverted to the deficiency in the system that was prevailing there and he could not have been answerable for th