Addl.R3. Smt. Mariamma Joseph (Wife) vs The Director Of Local Fund Audit on 16 July, 2025

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Amit Rawal, J.

Present intra court appeal is directed against the

judgment of the Single Bench allowing the writ petition

preferred against the judgment of the District Court dated

30.11.2013 in O.P(L.F)No.109 of 2012, on behalf of the

appellant, who was respondent in the writ petition, against

the initiation of the surcharge proceedings under Section 16

of the Kerala Local Fund Audit Act, 1994,whereby certain

liability amounting to Rs.1,40,749/- was fastened upon the

appellant-respondent in the writ petition.

2. Section 16 of the Kerala Local Fund Audit Act is

para materia to Section 68 of the Kerala Co-operative

Societies Act, which empowers the auditor to surcharge

illegal payments and loss caused by negligence or

misconduct. Section 68 of the Act provides for a remedy to

the aggrieved party to approach the District Court within a

period of one month for setting aside of such surcharge or

other liabilities referred to in sub Section 3 of Section 68.

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