M RAMIAH Vs. COMMISSIONER TIRUNVELVELI CORPORATION

JUDGEMENT

(1.) THE petitioner was a Bill Collector in the first respondent Corporation. THE petitioner was issued with a show cause notice asking him to make good the loss caused by him. He had reached the age of superannuation on 31.5.1995. On reaching the age of superannuation, at the time of relieving from service, certain conditions were imposed in that order. It was stated that since the audit for the year 1994-1995 for the Corporation was still pending and subsequently if it was found that he was responsible for causing any loss to the Corporation, the amounts due from him will be recovered from his terminal benefits. It was on this condition, the petitioner was retired from service.

(2.) IT was also stated that in respect of tax collection from Ward Nos.3 and 4, there was a due of a sum of Rs.1,62,150/-, then the amount paid towards encroachment charges a sum of Rs.3023/- and non-collection of professional tax for several years amounting to Rs.84,377/- and non-collection of water charges a sum of Rs.42,000/- and tour advance of Rs.500/-, for which final bill was not submitted. IT was for all these heads recovery was ordered. The petitioner was specifically informed that these were the areas where the action will be taken against him.

(3.) PURSUANT to the charge memo and show cause notice, the petitioner did not submit any explanation. Therefore, the Corporation proceeded to pass a final order dated 17.12.1996 fixing the liability of the dues mentioned in the order of retirement. He was also informed that the said amounts will be recovered from his terminal benefits. As against the same, the petitioner is alleged to have filed an appeal in September 1999. Even though the order imposing the penalty was dated 17.12.1996, it is stated by the petitioner that sine he had filed an appeal and was waiting for the outcome of the same, it took nearly 4 years to file the present Writ Petition. Even on grounds of delay and latches, the Writ Petition is liable to be dismissed.