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1997 Supreme(Ker) 366

K.A.ABDUL GAFOOR
Vincent – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K.A. Abdul Gafoor, J.

The petitioner retired while working as Assistant Settlement Officer on SO. 11.1992. It is a post equivalent to the cadre of Deputy Collector. Subsequent to the retirement, proceedings were initiated against him both under the Public Accountants Act, 1963 and under R.3 Part III KSR. The former was to recover the amount which fell in his custody and was allegedly misappropriated by him. The latter was, on that reason, to reduce the pension. The petitioner has approached this Court challenging those proceedings initiated respectively as per Exts. P4 and P5. He also seeks a direction to the respondents not to enforce Exts. P4 and P5.

2. Exhibit P4 was issued as already mentioned above invoking the provisions of S.3(1) of the Kerala Public Accountants Act, J963 by the District Collector. Ext. P5 is issued by the Commissioner and Secretary of the Revenue Department of the Government.

3. Relying on the decision in Padmanabha Iyer v. State of Kerala (1974 KLT 556), the petitioner contends that Ext. P4 is illegal in so far as it did not contain the minimum necessary details to defend it. The Collector was exercising quasi judicial power in fastening a liabil














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