T.A. ABDULLA Vs. SUPPLYCO

JUDGEMENT

(1.) The appellant/writ petitioner, while working as Officer-in-charge at the Gandhi Nagar Hyper Market of the 1st respondent, the Kerala State Civil Supplies Corporation ('the Corporation', for brevity), was issued with Exhibit P1 charge memo dated 2.3.2017. The charge levelled against the appellant was that, from October, 2015 onwards, he had improperly distributed subsidised articles to the employees of the Corporation, whereby the Corporation sustained a loss of Rs. 1,70,784.50. It was alleged that the action of the appellant amounted to indiscipline, negligence of duties and violation of the circulars of the Corporation, resulting in loss of faith. The appellant was required to show cause as to why disciplinary action in accordance with the Kerala State Civil Supplies Corporation Service Rules, 1974, (hereinafter called 'the Service Rules'), should not be initiated against him.

(2.) The appellant gave Exhibit P2 reply stating that more than 260 employees had registered for availing discount and subsidy through the Gandhi Nagar Hyper Market outlet and the Corporation had not issued proper directives/circulars regulating the distribution of subsidised items to its employees. It was pointed out that Exhibit P3 circular regulating distribution of subsidised items to the employees was issued only on 8.3.2017.

(3.) After submission of the explanation, personal hearing was conducted on 25.1.2017 and Exhibit P5 order issued, directing the appellant to remit an amount of Rs. 1,70,784.50, failing which the amount was to be recovered with interest at the rate of 18%. Aggrieved, the appellant preferred Exhibit P6 appeal which was rejected under Exhibit P7 order. Thereupon, the appellant remitted an amount Rs. 15,810/- towards the liability and submitted Exhibit P8, requesting to issue notice to the employees responsible for the balance liability. By Exhibit P9, specific direction was issued to recover the amounts due from the appellant forthwith and accordingly, Rs. 66,349/- was deducted from his salary and pay arrears. The writ petition was thereupon filed seeking to quash Exhibits P5, P7 and P9 and to reimburse the amount of Rs. 66,349.50 and for ancillary reliefs.