K.P.BINIL BALA Vs. SHAHEEDA K.B.

JUDGEMENT

(1.) Challenging the proceedings initiated by Upa Lok Ayuta in Complaint No.614/2017 (Exhibit-P2), instant writ petition has been filed seeking for the following reliefs:

(2.) When the petitioner was working as a Lay Secretary and Treasurer, as also the Drawing and Disbursing Officer at District Hospital, Kannur, an application was submitted by respondent No.1, who is a Junior Consultant and Blood Bank Medical Officer of that hospital, for salary certificate in the form issued by Kerala State Financial Enterprises, for standing as a surety in the chitty subscribed by her husband. Petitioner has stated that the salary certificate was issued. Respondent No.1 signed the agreement in the form, wherein she agreed that if default is committed, recovery shall be made from her salary at source and DCRG/Terminal benefits. However, she insisted that the petitioner should agree to recover defaulted amounts from her salary as well as the pensionary benefits. Petitioner was not amenable to the same since the respondent had only three years to retire from service.

(3.) Alleging that the petitioner refused to issue salary certificate in the prescribed format as required, Complaint No.614/2017 (Exhibit-P2) was filed by the 1st respondent, before Lok Ayukta. Though, the petitioner has raised a preliminary objection (Exhibit-P3) regarding maintainability of the complaint, Upa Lok Ayukta without considering the objection, directed her to appear on 13.06.2017. Petitioner has contended that the action of Lok Ayukta in entertaining Exhibit-P2 complaint is without jurisdiction.