P S KASTHURI Vs. COMMISSIONER MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) THE petitioner has challenged the order of the second respondent, dated 29.10.2003 and sought for a direction to the respondents to set-tle all the retirement benefits, monetary as well as service, with appropriate interest till the date of payment and for damages.

(2.) FACTS leading to the writ petition are as follows:The petitioner was appointed as a Lower Division Clerk/Junior Assistant by direct re-cruitment and he joined the service on 8.7.1955. He was promoted as Assistant and transferred to Coimbatore Municipality (now Corporation), where, he had worked as Store Keeper between the second week of Decem-ber 1974 and the third week of June 1975. Since his predecessor had failed to handover the Water Supply Materials and Accounts, the petitioner brought to the notice of the Civil En-gineer and the then Commissioner of Coimbatore Municipality. By memo, dated 28.1.1975, of the then Commissioner of Coimbatore Municipality, the former general storekeeper was directed to handover the charge of the stores to the petitioner. Even then, he had failed to do so. On his transfer to Erode Municipality, the Municipal Commis-sioner instructed the petitioner to handover the materials available in the stores through his successor. Accordingly, the petitioner handed over all the materials available in the stores and got relieved. The Commissioner, Coimbatore Municipality in his memo, dated 20.12.1976 framed charges against the peti-tioner, alleging that he had failed to handover the complete charge of the stores and for other irregularities, for which, the petitioner had submitted a detailed explanation on 11.4.1977.

(3.) BY memo, dated 20.10.1993 of the Com-missioner, Coimbatore Municipality, the peti-tioner was made liable to pay Rs.19,49,699.83 for the loss alleged to have been caused to Coimbatore Municipality during his tenure. Reference is also made to the charges said to have been framed against the petitioner in the proceedings, dated 20.12.1976. It is further stated in the memo that the petitioner is re-sponsible for a sum of Rs.19,49,699.83 as detailed below:(i) Present value of materials as covered in the charge : Rs.18,53,636.43(ii) Amount to be recovered as per Para No.292 and 307/74,75 of Audit objection: Rs.96,036.40(iii) Pending advance : Rs.27.00Total Rs.19,49,699. 83