CHACKO Vs. K S E B

JUDGEMENT

(1.) Petitioner while working as Assistant Engineer retired on 31.8.1999 from the Kerala State Electricity Board (for short, 'the Board'). Sanction was accorded by the respondents for payment of pension, D.C.R.G. and other terminal benefits due to the petitioner and after obtaining the non liability certificate from the competent authority the entire amount sanctioned was paid to him.

(2.) While the petitioner was receiving his monthly pension on the basis of the orders thus passed by the Board, the pay scales of the Board employees were revised necessitating recomputation of the pensionary benefits. Accordingly, petitioner's pension as also Death cum Retirement Gratuity was revised and he was told that the arrears of D.C.R.G. due on that account would be disbursed to him in eight half yearly instalments. Petitioner was paid five instalments of arrears of D.C.R.G. as ordered by the Board. At that stage, there was a turn of events. The Board as per Ext. P2 dated 23.11.2001 informed the petitioner that during the period he was in charge of the Stores, it had sustained pecuniary loss of Rs.57,306/- and therefore, the loss thus sustained would be fixed as his personal liability. Since the petitioner did not respond, Ext. P2 was followed by a second notice. Thereafter, on 1.8.2003 the Deputy Chief Engineer passed the impugned order (Ext. P3) which reads as follows:

(3.) Therefore, what is seen from Ext. P3 is that as against the sum of Rs.57,306/-shown in Ext. P2, the total amount fixed in the final order passed as liability against the petitioner, comes to Rs. 1,34,102/-. Shri Jose J. Matheikal, learned Standing Counsel appearing for the Board submits that as per the subsequent notice the balance amount was intimated to the petitioner and that, before passing Ext. P3 petitioner was given an opportunity to represent against that proposal also. This fact is not disputed by Sri. K.R.B. Kaimal appearing for the petitioner.