Thampi Thomas vs Rabindra Kumar Agarwal Ias
2023 Latest Caselaw 12819 Ker

Citation : 2023 Latest Caselaw 12819 Ker
Judgement Date : 8 December, 2023

Kerala High Court

Thampi Thomas vs Rabindra Kumar Agarwal Ias on 8 December, 2023

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
         THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                      &
            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
    FRIDAY, THE 8TH DAY OF DECEMBER 2023/17TH AGRAHAYANA, 1945
                       CON.CASE(C).NO.2434 OF 2023
AGAINST THE ORDER DATED 16.1.2023 IN OP(KAT).NO.13/2023 OF HIGH COURT OF KERALA

PETITIONERS/RESPONDENTS 1 TO 7 AND 9:

     1      THAMPI THOMAS
            AGED 58 YEARS
            S/O. K.K.THOMAS, RETIRED ASSISTANT REGISTRAR
            (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR
            (GENERAL), KATTAKADA 695572, RESIDING AT THARAKAN
            VEEDU, PARUTHYKUZHY P.O., NEDUMANGADU,
            THIRUVANANTHAPURAM, PIN - 695541

     2      K. RAMACHANDRAN NAIR
            AGED 58 YEARS, S/O. N.KOCHUNARAYANA PILLAI,
            RETIRED ASSISTANT DIRECTOR, OFFICE OF THE JOINT
            DIRECTOR AUDIT, THIRUVANANHAPURAM 695034,
            RESIDING AT UTHRAM, KARIPOOR P.O., NEDUMANGADU,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695541

     3      N. SUNIL
            AGED 58 YEARS, S/O. R. NANU PILLAI,
            RETIRED ASSISTANT DIRECTOR, OFFICE OF THE ASSISTANT
            DIRECTOR (AUDIT), RANNI, PATHANAMTHITTA 689672,
            RESIDING AT NARAYANEEYAM, CHERUKUNNAM, VARKALA P.O.,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695541

     4      K.G. OMANAKUTTAN
            AGED 58 YEARS, S/O. R. GOPINADHAN PILLAI,
            RETIRED ASSISTANT REGISTRAR (GENERAL), OFFICE
            OF THE ASSISTANT REGISTRAR (GENERAL), UDUMPANCHOLA,
            IDUKKI 68554, RESIDING AT THEJAS, KANNANKARA,
            MANNOORBHAGOM, ALACODU P.O., THIRUVANANTHAPURAM
            DISTRICT, PIN - 695102
    CONT. CASE.(C).NO.2434/2023    :: 2 ::




    5         G. SURESH KUMAR
              AGED 56 YEARS, S/O. V.GANGADHARA PANICKER,
              RETIRED ASSISTANT REGISTRAR, OFFICE OF REGISTRAR OF
              CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM 695015,
              RESIDING AT NILAVU, NEAR UPS VELLANAD, VELLANAD
              P.O.,THIRUVANANTHAPURAM, PIN - 695014

    6         P.P. AJAYAKUMAR
              AGED 56 YEARS, S/O. K.PRABHAKARAN,
              RETIRED ASSISTANT DIRECTOR (AUDIT), OFFICE OF THE
              JOINT DIRECTOR (AUDIT), THIRUVANANTHAPURAM 695034
              RESIDING AT HARICHANDANAM, NEAR ELAMPA HSS,
              POIKAMUKKU P.O., THIRUVANANTHAPURAM, PIN - 695013

    7         P. SATYARAJ
              AGED 57 YEARS, S/O. PALAYYAN, ASSISTANT DIRECTOR
              AUDIT, OFFICE OF THE ASSISTANT DIRECTOR (AUDIT),
              THIRUVANANTHAPURAM 695001, RESIDING AT S.S. VIHAR,
              MANALUVILA, ARAYOOR P.O., THIRUVANANTHAPURAM,
              PIN - 695122

    8         RAJESH S.
              AGED 56 YEARS, S/O. T.P. SUNDARESAN PILLAI,
              ASSISTANT DIRECTOR AUDIT, OFFICE OF THE JOINT
              DIRECTOR AUDIT, THIRUVANANTHAPURAM 695034,
              RESIDING AT ANJANAM, THANDRAMPOIKA, VENJARAMOODU,
              THIRUVANANTHAPURAM DISTRICT, PIN - 695607

               BY ADV.K.P.SATHEESAN (SR.)
               BY ADV.SRI.P.MOHANDAS (ERNAKULAM)
               BY ADV.SRI.K.SUDHINKUMAR
               BY ADV.SRI.SABU PULLAN
               BY ADV.SRI.GOKUL D. SUDHAKARAN
               BY ADV.SRI.R.BHASKARA KRISHNAN
               BY ADV.SRI.BHARATH MOHAN


RESPONDENT(S)/PETITIONERS 1 AND 3:

     1         RABINDRA KUMAR AGARWAL IAS
               AGE AND FATHER'S NAME NOT KNOWN
               TO THE PETITIONER, SECRETARY, FINANCE DEPARTMENT,
 CONT. CASE.(C).NO.2434/2023    :: 3 ::




            GOVERNMENT SECRETARIAT,      THIRUVANANTHAPURAM - 695001.

  2         ATHURVA SINHA
            AGE AND HUSBAND'S NAME NOT KNOWN TO THE PETITIONER,
            ACCOUNTANT GENERAL (A & E), KERALA AUDIT BHAVAN,
            STATUE, THIRUVANANTHAPURAM, PIN - 695001.

            BY SMT.VINEETHA B., SR. GOVERNMENT PLEADER

       THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
 FOR ADMISSION ON 08.12.2023, THE COURT ON THE SAME DAY
 DELIVERED THE FOLLOWING:
 CONT. CASE.(C).NO.2434/2023            :: 4 ::




                                  JUDGMENT

Dr. A.K. Jayasankaran Nambiar, J.

It is seen from the averments in the Contempt Petition that

there has been no recovery of amounts paid in excess to the

respondents, but what is resorted to by the respondents is only a

withholding of amounts towards DCRG due to the respondents

pending final disposal of the O.P.(KAT). Under the said

circumstances, we are not persuaded to view the actions of the

respondents as contumacious or breaching the spirit of the interim

order passed by this Court for the present. The Contempt of Court

Case is therefore closed.

Sd/-

DR. A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

MOHAMMED NIAS C.P. JUDGE prp/8/12/23 CONT. CASE.(C).NO.2434/2023 :: 5 ::

APPENDIX OF CON.CASE(C).NO.2434/2023

PETITIONERS ANNEXURES:

Annexure-I CERTIFIED COPY OF THE ORDER DATED 16-01-2023 IN O.P.(KAT).NO.13/2023

Annexure-II TRUE COPY OF THE COMMUNICATION DATED 8-8-2023 ISSUED BY THE SENIOR ACCOUNTS OFFICER, OFFICE OF THE 2ND RESPONDENT IN FAVOUR OF THE 8TH RESPONDENT IN THE O.P.

Annexure-III TRUE COPY OF THE COMMUNICATION DATED 1-6-2023 ISSUED BY THE SENIOR ACCOUNTS OFFICER, OFFICE OF THE 2ND RESPONDENT TO SRI. P.P. AJAYAKUMAR, 6TH RESPONDENT IN THE

RESPONDENTS ANNEXURES: NIL.