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C. PRATHEEP KUMAR
K. K. Hamsa, S/o Kunhaliyamu – Appellant
Versus
Director Of Local Fund Audit – Respondent
JUDGMENT :
1. This is an appeal filed under Section 295(13) of the Kerala Municipality Act,1994 against the order dated 30.07.2022 passed by the Additional District Judge-II, Manjeri in OP (Local Fund Audit) 139 of 2018.
2. The appellant was working as Junior Health Inspector, Grade-I during the period from 26.5.2011 to 12.1.2015 in Tirur Municipality. During the year 2013-14, he was in charge of the implementation of a project namely 'Vridhajanaparipalanam', meant for testing eye and prescribing medicines and spectacles for old age citizens. In 2015, he was transferred to Pala Municipality. While so, he received a surcharge notice dated 4.8.2016 issued by the Director of Local Fund Audit, based on the audit report of the Deputy Director, Municipal Audit, Tirur. As per the audit report, while he was in Tirur Municipality he had spent a sum of Rs.2,67,100/-without obtaining prior permission from the Government on the aforesaid project. In the notice he was directed to remit Rs.2,67,100/-to Tirur Municipality as loss caused due to excess payment made during the implementation of the above project. He had given a detailed reply on 25.8.2016 to the above notice. The above project was pre
The main legal point established in the judgment is that when a project is prepared and approved by the relevant authorities, and an employee is only implementing it as directed, the employee cannot ....
Deferral of enforcement of a surcharge certificate when a matter is pending before a district court under relevant acts.
Point of law: Sub-section (14) also makes it clear if the amount is not paid within 30 days after the date of service on him of the decision of the Auditors etc., the amount shall be recoverable as i....
Writ petitions are not maintainable when effective alternative remedies exist under relevant statutory provisions.
As per Rules 256 and 257 of 1947 Rules, enquiry ought to have been conducted by Chief Audit Officer.
The main legal point established in the judgment is the authority of the respondent to initiate surcharge proceedings under the Tamil Nadu Panchayats Act and the Surcharge Rules, along with the proce....
Due process under the Kerala Local Fund Audit Act is mandatory for imposing financial liability on municipal officials.
Proper procedure under the Kerala Local Fund Audit Act, 1994 must be followed before imposing liabilities on individuals.
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