K N DHANANJAYAN Vs. GENERAL MANAGER

JUDGEMENT

(1.) PETITIONER seeks Writ of Certiorarified Mandamus to quash the Proceedings of the 2nd Respondent in Proceedings No. 3495/r3/2001 dated 24. 11. 2003.

(2.) BRIEF facts which led to the filing of Writ Petition are as follows:-

(3.) RESPONDENTS filed counter contending that Petitioner has accepted that the caused loss to the Corporation to the tune of Rs. 6,71,115/- and in order to recover the loss incurred by the Corporation which was due to the negligence of the Writ Petitioner and also to safeguard the interest of Corporation, the impugned Proceedings were issued. It is further averred that 2nd Respondent ordered to write off and adjust sum of Rs. 2,07,052/- for 14. 605 MTs and to recover the unallowable shortage of Rs. 4,15,786/- for 27. 306 MTs after deducting a sum of Rs. 67,115/ -. According to the Respondents, excess / shortage regularisation proposal is examined on case to case basis and any shortages will be recovered from the concerned employee of the Corporation after giving an opportunity to explain the reasons for excess / shortage of materials. It is the further case of the Respondents that the Petitioner could have made an appeal to the 2nd Respondent and even to the Board of Directors and the impugned order cannot be challenged.