(1.) This writ petition is filed seeking the following prayers:-
(2.) It is submitted that the petitioner had entered service of the respondents on 01.01.1984 and that he had retired from service on 31.03.2018 without suffering any disciplinary proceedings. By Ext.P1, notice had been issued to the petitioner seeking to recover an amount of Rs.35,952/- being value of the excess quantity of subsidised items, which was sold from the outlet of the respondent corporation in which the petitioner was working as Officer-in-Charge. Though the petitioner submitted an explanation, the same was rejected and Ext.P2 order was passed on 14.06.2018. It is stated that after petitioner's retirement from service, Ext.P4 proceedings had been issued by which the fixation of the salary as salesman was found to be erroneous and refixation was effected and the petitioner was directed to remit an WP(C).No.10002 of 2019 amount of Rs.1,18,503/- being the excess amount drawn. It is submitted by the learned counsel for the petitioner that the amount covered by Exts.P2 and P4 communications have been withheld from petitioner's gratuity and only the balance amount has been released to him. It is stated that the respondents are duty bound to release the entire amounts payable to the petitioner as gratuity and that the action taken to withhold the amount is completely unwarranted.
(3.) A statement has been placed on record by the 4 th respondent. It is contended that the petitioner had worked as Officer-in-Charge of the Vytilla Supermarket under the Ernakulam Depot of the 2nd respondent. It is stated that serious irregularities were detected in the sale of subsidised items in the said supermarket and petitioner's share in the liability comes to Rs.30,468/-. It is stated that petitioner had been put on notice before his retirement of the amount and in the explanation offered, he had admitted the fault, but had sought to explain it by saying that the mistake was not intentional. It is stated that the said amount as well as an amount of Rs.1,18,503/- which was liable to be recovered on account of wrong fixation of pay had been recovered from the petitioner's gratuity. WP(C).No.10002 of 2019