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GOVERNMENT OF KERALA Abstract Water Resources Department– Disciplinary action initiated against Smt. P. Lathika formerly Superintending Engineer, Irrigation Central Circle, Thrissur - in connection with the failure to file appeal in time against the judgment of Sub Court, Thrissur dated 28.2.2004 in OS No. 515/96 - finalized - Orders issued. ================================================================

WATER RESOURCES (GROUND WATER) DEPARTMENT

G.O.(Rt)No.1497/2012 /WRD. Dated, Thiruvananthapuram, 26.12.2012. ================================================================ Read: 1. O.S No. 515/96 filed by Sri. E.V. Elias in the Sub Court, Thrissur. 2.Execution Petition No. 508/06 filed by Sri. E.V. Elias in the Sub Court, Thrissur. 3. G.O (Rt) No. 975/07/WRD dated 19.7.2007. 4. G.O (Rt) No. 257/09/WRD dated 3.3.2009. 5. G.O (Rt) No. 5413/09/Fin dated 10.8.09. 6. Letter No. FP4.WP2-397/07 dated 21.1.2010 of Chief Engineer, Project II, Thiruvananthapuram. 7. Memo of Charges & Statement of Allegations No. 9030/GW2/10/WRD dated 12.1.2011 served on Smt. P. Lathika.. 8. Written Statement of Defence dated 28.3.2011 submitted by Smt. P. Lathika.

ORDER

In the Original Suit (OS) No. 515/96 filed by Sri.E.V Elias (contractor of

the work for the construction of Masonry Dam Block No, 4 to9 of Chimoni Dam) the

Sub-court, Thrissur has ordered that the Plaintiff (contractor) shall be entitled to release

an amount of Rs.8,29,877/- ( Rupees Eight Lakhs Twenty Nine Thousand Eight

Hundred and Seventy Seven only) from the defendants (Secretary to Government,

Irrigation Department and Superintending Engineer, Irrigation, Central Circle,

Thrissur). The Court has also ordered that the plaintiff shall be entitled to got interest

@ 12% per annum for the above amount from the date of the plaint ie, from 24.05.1996

onwards until realization. The plaintiff shall also be entitled to costs.

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Since Department has not filed any appeal against the judgment of the Sub-

Court, Thrissur, the petitioner filed Execution Petition (No.508/06) in the Sub Court.

The Superintending Engineer, Central Circle, Thrissur has stated that non-receipt of

legal opinion from the Law Officer, office of the Chief Engineer is the reason for not

filing appeal in time. The appeal filed by the Department in the Hon'ble High Court

after a gap of 1182 days for condonation of delay against the order of the lower court in

O.S No.515/96, was dismissed by the High Court.

Meanwhile in the E.P filed by the contractor, the Court has ordered for

attachment of Government vehicle KL 2F-8535 of the Superintending Engineer. In order

to freeze the attachment, on the special request from the Departmental officer and the

District Collector, Thrissur, sanction was accorded as per G.O(Rt) No. 975/07/WRD,

dated 19.07.2007 for depositing an amount of Rs.50,000/- (Rupees Fifty Thousand only)

in the Court and the letter of credit for the amount was also released by Government.

The Senior Government Pleader has opined that there is no scope for successfully

challenging the judgment in the RFA (Regular First Appeal).

The Superintending Engineer, Thrissur has reported that an amount of

Rs.21,32,945/- (Rupees Twenty One Lakhs Thirty Two Thousand Nine Hundred and

Forty Five only) has to be paid to the contractor in compliance of the court order. Out

of this, an amount of Rs.12,22,307/- (Rupees Twelve Lakhs Twenty Two Thousand

Three Hundred and Seven only) has been calculated as interest @ 12% for delayed

payment. When consulted, the Finance Department has agreed for payment of

Rs.20,06,345/- (Rupees Twenty Lakhs Six Thousand Three Hundred and Forty Five

only) and to take disciplinary action against the Superintending Engineer, Irrigation

Circle, Thrissur and the Government Pleader, Sub-Court, Thrissur. Accordingly vide

G.O(Rt) No.257/09/WRD dated 03.03.2009 sanction was accorded for depositing an

amount of Rs.20,06,345/- (Rupees Twenty Lakhs Six Thousand Three Hundred and

Forty Five only) in the Sub Court, Thrissur for satisfying the decree debt in the OS filed

by Sri.E.V.Elias and the Finance Department sanctioned the amount as per G.O(Rt) No.

5413/09/Fin dated 10.08.2009. As per the letter read as 6th paper above, the Chief

Engineer (Project II) has informed that Smt.P.Lathika, now working as Chief Engineer,

was the Superintending Engineer of Irrigation Circle, Thrissur during the time of

judgment on 28.02.2004 in O.S No. 515/06 of Additional Sub Court, Thrissur.

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Accordingly Smt.P.Lathika (the then Superintending Engineer) was

chargesheeted as per Memo of Charges & Statement of Allegations read as 7th paper

above and her Written Statement of Defence read as 8th paper above was also

obtained.

Smt. P. Lathika, Chief Engineer (I&A) was heard by the Special Secretary, Water

Resources Department on 1.12.2012 as per the request in her Written Statement of

Defence.

Having examined the matter in detail with reference to the Memo of Charges,

the Written Statement of Defence and hearing note of the official concerned and

under the circumstances, since the official had no malafide intention and since other

officials are also responsible for the laxity, Government hereby finalize the disciplinary

action against Smt. P. Lathika, Chief Engineer (I&A) by imposing a minor penalty of

barring of one increment without cumulative effect.

The disciplinary action initiated against Smt. P. Lathika, Chief Engineer (I&A) is

finalized accordingly.

(By order of the Governor)MURALEEDHARAN

T YA SATYA KUMAR.S

JOINT SECRETARY TO GOVERNMENT

O GOVERNMENT To Chief Engineer (I&A), Thiruvananthapuram The Incumbent [ Through Chief Engineer (I&A), Thiruvananthapuram] The Principal Accountant General (Audit), Kerala, Thiruvananthapuram,

The Accountant General (A&E), Kerala, Thiruvananthapuram The Secretary, Kerala Legislative Assembly , Thiruvananthapuram. The Registrar, Kerala Administrative Tribunal, Thiruvananthapuram. Water Resources (A) Department. Stock file/Office copy. Forwarded/By Order Section Officer