K OMANAKUTTAN PILLAI Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) During the period 11-4-1982 to 31-3-1984 the petitioner, on deputation from his parent department, namely, Civil Supplies Department, was in charge of an Indian Made Foreign Liquor outlet run, by the Kerala State Civil Supplies corporation at Kollam. After his reversion to the parent department, charges were framed against him vide Ext. P1 alleging that in the audit it was found that there is shortage of stock worth Rs. 21,027/- and alleging that after adjusting excess stock found to the tune of Rs. 1,031/-, a further amount of Rs. 19,996/- was due from the petitioner. Misappropriation of funds was alleged. Though the petitioner filed Ext. P2 reply, the disciplinary proceeding was closed vide Ext. P3 with direction to recover the said sum of Rs. 19,996/- from the petitioner. Pursuant to Ext. P4 appeal the petitioner was heard and Ext. P5 order was passed. According to the petitioner, though the petitioner's contentions were found acceptable by the Appellate Authority, the recovery was sustained on the footing that at the time when the Beverages Corporation took over liquor trade from the Civil Supplies Corporation a breakage allowance of o.25% alone was allowed and that breakage in question claimed by the petitioner was beyond the limit. During the period 11-4-1982 to 31-3-1984 the petitioner, on deputation from his parent department, namely, Civil Supplies Department, was in charge of an Indian Made Foreign Liquor outlet run, by the Kerala State Civil Supplies corporation at Kollam. After his reversion to the parent department, charges were framed against him vide Ext. P1 alleging that in the audit it was found that there is shortage of stock worth Rs. 21,027/- and alleging that after adjusting excess stock found to the tune of Rs. 1,031/-, a further amount of Rs. 19,996/- was due from the petitioner. Misappropriation of funds was alleged. Though the petitioner filed Ext. P2 reply, the disciplinary proceeding was closed vide Ext. P3 with direction to recover the said sum of Rs. 19,996/- from the petitioner. Pursuant to Ext. P4 appeal the petitioner was heard and Ext. P5 order was passed. According to the petitioner, though the petitioner's contentions were found acceptable by the Appellate Authority, the recovery was sustained on the footing that at the time when the Beverages Corporation took over liquor trade from the Civil Supplies Corporation a breakage allowance of o.25% alone was allowed and that breakage in question claimed by the petitioner was beyond the limit.

(2.) According to the learned counsel for the petitioner, merely on the ground that the breakage in question exceeded what was admissible under the previous arrangement he cannot be mulcted with liability. It is pointed out that once the petitioner's contentions are accepted, there is no scope for ordering further recovery.

(3.) I have heard the learned counsel for the Civil Supplies Corporation as also the learned Government Pleader.