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BEFORE THE HONBLE HIGH COURT OF KERALA

AT ERNAKULAM

W.P.(C) No. 11510 of 2011

S.VijayakumaR

: Vs.

Petitioner

State of Kerala and others

Respondents

COUNTER AFFIDAVIT FILED BY THE FIFTH RESPONDENT I, ........................., aged ..years, S/o.

.residing at . do hereby solemnly affirm and state as follows: 1.

I am the Principal of the Mahatma Gandhi College (for short

MG College), the fifth respondent in the writ petition. I am swearing this Counter Affidavit on my behalf and on behalf of the 4 th respondent. He has authorized me to swear this counter affidavit on his behalf. I am swearing this counter affidavit on the basis of relevant files.
2.

The Writ Petition is filed by the petitioner quashing Exhibit

P10 liability certificate fixing the liability of the petitioner by the Deputy Director of Collegiate Education, Kollam and for other reliefs.

3. All the averments in the Writ Petition except those that are specifically admitted hereunder are incorrect and are denied. 4. The petitioner was working as Principal of NSS College, NIlamel for the period from 01-04-2002 to 31-03-2004. He was

transferred and posted as Principal of MG College for the period from 01-04-2004 to 31-03-2008. He attained the age of superannuation on 31-03-2004.
5.

Sri. Viswambaran Nair was working as Head Accountant in

the MG College. He was the custodian of the cash and cash chest, pass books and cheque leaves of the college. On verification of the cash book, cash balance and the amounts kept in the cash chest a shortage of Rs. 154119/- was found. The petitioner served memo dated 15-022007 on the Head Accountant calling upon his explanations. In the notice it is informed that the explanations given by the Head Accountant to the earlier memo dated 05-02-2007 is not satisfactory and that in spite of reminder he has not given any explanations. The Head Accountant did not submit any explanations. The misappropriation of Rs. 156,552/- and unauthorized withdrawal of Rs. 43721/- from the bank after forging the signature of the Principal of the college done by the Head Accountant was reported to the management by the petitioner on 24-02-2007. The management placed the Head Accountant under suspension pending enquiry by order dated 26-02-2007. Memo of charges along with statement of allegations were served on him calling upon his explanations within 15 days of receipt of the memo of charges. The Head Accountant submitted his written explanations after perusing the documents relied on by the management. The management after considering the explanations found that the explanation submitted by him is not satisfactory and ordered a detail enquiry as provided in the Kerala University Act and Statutes. After conducting the enquiry and completing all the formalities, the Head Accountant was imposed with the punishment of removal from service for the offence committed by him by order No E/1307/07 dated 21-02-2008. The order of punishment imposed by the management was challenged by the Head Accountant by filing appeal before the University Appellate Tribunal, Thruvananthapuram as Appeal No 2 of 2008. The University Tribunal has dismissed the appeal by judgment dated 23-10-2009. The judgment of the University Appellate tribunal has become final.

6. The petitioner submitted complaint dated 22-02-2007 before the Circle Inspector of Police, Peroorkada against the Head Accountant for the misappropriation of money from the Government fund and for the unauthorized withdrawal of money from the bank by forging the signature of the Principal of the college.

7.

The

misappropriation

of

Government

fund

and

the

unauthorized withdrawal of money from the from the bank by forging the signature of the Principal of the college and the order of the management placing the petitioner under suspension pending enquiry has been reported to the Deputy Director of Collegiate Education, Kollam by the petitioner by his letter No G1/Est/1428/07 dated 20-032007.

8.

The Deputy Director of Collegiate Education by letter dated

07-07-2010 informed me that misappropriation of Rs. 156552/- is seen during the term of the petitioner as principal of the college as per the audit report of the Department and the Accountant General, that details under each head is required and that only on receipt of the same liability/ non liability of the petitioner can be fixed. On receipt of the letter from the Deputy Director of Collegiate Education, the Principal of the college by letter dated 16-07-2010 informed the Deputy Director of Collegiate Education that as on 15-02-2007 the total amount as per cash book should be Rs.216779.25, that the then Head Accountant has misappropriated an amount of Rs.156552/-, that the said amount is from different heads and that the college has informed the same while furnishing reply to the audit reports. It is also informed that the management has filed suit OS No 157 of 2010 against the Head Accountant before the 1st Additional Sub Court, Thiruvanthapuram and that further action can be taken on receipt of the order from the Honble Court. The details regarding the amount under different heads were also appended along with the said letter.

The Deputy Director of Collegiate Education has issued Exhibit P8 letter and Exhibit P10 liability certificate fixing amount of Rs.156552/as liability of the petitioner. Above facts are true and correct to the best of my knowledge, information and belief.

Dated this the

day of June, 2011

Deponent
Solemnly affirmed and signed before me by the deponent, who is personally known to me on this the day of June, 2011 at my office at Ernakulam.

P.GOPAL
Advocate