IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 26992 of 2007(L) -------------------------- PETITIONER(S): --------------- M.THANKAMMA,RENJITHAM, CHADAYAMANGALAM P.O., KOLLAM DISTRICT. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. THE TEXT BOOK OFFICER, OFFICE OF THE TEXT BOOK OFFICER, PADMA VILASOM ROAD, FORT, THIRUVANANTHAPURAM. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 26992/07. APPENDIX P1. COPY OF THE GRATUITY PAYMENT ORDER DTD.17.7.06 P2. COPY OF THE GRATUITY PAYMENT ORDER DTD.17.4.07. P3. COPY OF THE SPOT VERIFICATION REPORT DTD.27.8.02. P3A. COPY OF THE COVERING LETTER DTD.19.9.02. P4. COPY OF THE ORDER DTD.23.8.04. P5. COPY OF THE LETTER DTD.10.6.04. P6. COPY OF THE LETTER DTD.11.5.05. P7. COPY OF THE LETTER DTD.27.7.05 OF R3. P8. COPY OF THE LETTER DTD.13.10.05 OF R3. P9. COPY OF THE LETTER DTD.17.3.06 TO R3. P10. COPY OF THE ORDER DTD.25.7.06 OF R3. P11. COPY OF THE ORDER DTD.6.11.06 OF R2. P12. COPY OF THE PETITION DTD.12.2.07 P13. COPY OF THE ORDER DTD.3.7.07 OF R2. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 26992 of 2007 ================== Dated this the 7th day of June, 2011 J U D G M E N T The petitioner retired from aided school service as the Headmistress of the K.P.M.H.S.S., Cheriyavelinalloor, on 30.4.2006. Petitioner's grievance in this writ petition is that the DCRG coming to ` 2,44,762/- due to the petitioner has not been disbursed to her on the ground that a liability certificate has been issued against the petitioner for an amount of ` 1,96,193/-. This amount represents the value of the materials supplied to the school for manufacturing exercise books. The said school was selected as manufacturing and sales centre of exercise books during the year 1982-83. But there was no manufacturing from the years 1983 to 1999. In the year 1999, certain materials for manufacturing exercise books were supplied to the school. Some manufacturing was done and the balance materials were stored in the school. Since no action was taken for disposing of the same by sale, some of the same got damaged. The Text Book Officer quantified the total value of the materials as ` 1,96,923.85. That has been fixed as liability of the petitioner. According to the petitioner, the petitioner is not liable in respect of the same. The petitioner submits that the petitioner came to the school only in July 2003 and worked till 30.6.2006. Between 1999 to July, 2003 several other headmasters/ headmistresses were in charge of the school and as early as on w.p.c.26992/07 2 27.8.2002, the Text Book Officer had conducted a spot verification and submitted Ext.P3 report to the Deputy Director requesting him to take follow up action on the report immediately. According to the petitioner, Ext.P3 would show that much of the materials were in a damaged condition on 27.8.2002 itself, which was much before the petitioner took charge as the headmistress of the school. It is submitted that despite the request of the Text Book Officer to take follow up action based on Ext.P3 report, the Deputy Director did not do anything. The headmistress, who was in charge of the school earlier also did not take any action in respect thereof. On the other hand, the liability of ` 15,100/- fixed on one of the headmasters who was in charge of the school, viz., Y.Thomas, was permitted to be written off. The headmasters/headmistresses who came thereafter before the petitioner also did not do anything. The petitioner submits that the petitioner could not do anything since despite repeated requests, the petitioner was not given any specific instructions in the matter by Deputy Director. The petitioner also submits that if at all, the Deputy Director, who was negligent in the matter of taking follow up action pursuant to the report of the Text Book Officer and all the headmistress/headmistress who were in charge before the petitioner are also equally liable. In any event, insofar as much of the materials were damaged even prior to the petitioner taking charge as w.p.c.26992/07 3 headmistress, the petitioner can by no stretch of imagination be liable for the entire amount of ` 1,96,923.85 insofar as the same represents the value of the entire materials supplied to the school and the petitioner cannot be held responsible for the damage caused to the same and the non-sale of the balance good materials available and if at all, she can only be made liable proportionately. 2. The 2nd respondent has filed a counter affidavit contending that the petitioner alone is liable for the entire amount insofar as the petitioner did not take appropriate steps at the appropriate time to conduct public auction of the balance good materials and the damaged materials based on the Government order dated 11.5.2004. 3. I have considered the rival contentions in detail. 4. Admittedly, the petitioner joined the school as headmistress only in July, 2003. On 27.8.2002 the Text Book Officer conducted a spot verification and submitted Ext.P3 report, which reads: “ REPORT ON THE SPOT VERIFICATION CONDUCTED ON 27.08.2002 AT K.P.M.H.S CHERIYAVELINALLOOR, KOLLAM DISTRICT. K.P.M.H.S Cheriyavelinallor is functioning as a manufacturing and Sales Centre of Exercise books during 1982-83 onwards. There was no manufacturing during 1983-1984 to 1998-99 in the Centre. The under mentioned quantities of raw materials including white paper had been distributed to the Centre and received the same by Smt. Sreekumari on 11.5.1999 as per the issue notice detailed below. Issue Note No. & Date Item Quantity supplied w.p.c.26992/07 4 1. 7/99-2000 dated, 11.5.99 White paper 400 Reams 2. 7/99-2000 dt. 11.5.99 Calico 200 Metre 3. 7/99-2000 dt. 11.5.99 SB 1620 Sheets 4. 3/99-2000 dt. 4.6.99 Printed covers 5500 Nos. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Smt. Sreekumari, the then Headmistress had not taken up any steps to utilise these materials for the manufacturing of Exercise books during 1999-2000. After the retirement of Smt. G. Sreekumari, Sri. Y. Thomas had taken charge as Headmaster on 11.6.2000 and started the work of the manufacturing of Note books during 2000-2001. At about 25000 Nos. 192 pages (unruled) Note books were manufactured by utilising the raw materials transferred from Sivaram N.S.S.H.S Karikkode on 25.1.2001 as detailed below. 1. White paper - 112 Ream 2. Calico - 100 Metre 3. SB - 1800 Sheets 4. 192 Pages covers - 2000 Nos. After the manufacturing of Note books during 2000-2001, There is a stock balance of raw materials including white paper as shown below. White paper - 203 Ream SB - 509.80 sheets Calico - 90.70 Metre Printed Covers 192 pages - Nil 120 Pages - 5256 80 pages - 4789 From the above materials two items shown below is in damaged condition. 1. White paper 15 Ream 2 Straw board - 509.80 sheets Out of 25000 Nos. 192 pages unruled Note books manufactured, only 750 Note books were sold out during the period. The cost of the same has been remitted under the receipt Head of Note Book. The stock balance of Note books now available in the Centre is 24250. Out of this 1600 Note books were in damaged condition. Smt. Thankamani bai had taken charges as Headmistress with effect from 2..4..2001. She did not take up any steps to sellout these note books during 2001-2002. Since there was a dispute (in the case w.p.c.26992/07 5 of stock balance of Note books) in between the former Headmaster Sri. Y. Thomas. Therefore the stock balance of Exercise books available in the Centre had not been sold out during 2001-2002. The present Headmaster Sri. G. Raveendran Nair had taken charge as Headmaster with effect from 1..4..2002 and is continuing. No steps has been taken by the Headmaster to sell out these Note books during 2002-2003, as the successor. In this circumstances the following suggestions are offered. (i) Revised proposal for writing off the damaged materials from the stock may be called for in the prescribed form KFC 21 Chapter VI with direction to fill up the Column No. 4 (the assessed value with reference to the condition of articles and Existing Market price). (ii) The stock balance of Note books (Salable condition) now available in the Centre may be shifted to any nearby District Text Book Depot immediately. (Necessary instructions in this regard will be given to the Deputy Director (Education) and the Headmaster). (iii) In the case of raw materials (in good condition) may also be shifted to any nearby functioning Centre. White paper - 188 Ream 120 Pages Printed covers - 4377 80 Pages Printed covers - 4789. IV. The Deputy Director (Education), Kollam is directed to release the manufacturing charges eligible to the Centre of the funds now available. V. The explanation stating the reason for not selling out these note books during the period of Smt. K. Thankamanibai (2001- 2002) and the present Headmaster Sri. G. Raveendran Nair during the period of 2002-2003 are wanting. VI. The Deputy Director (Education), Kollam and the Headmaster are directed to take immediate action to settle the matter at the earliest.” In the same, the Deputy Director of Education was specifically directed to take immediate action to settle the matter at the earliest. It was also specifically stated therein that 'the explanation for not selling w.p.c.26992/07 6 out note books during the period Smt.Thankamma Bai and the then present headmaster, Sri.C.Raveendran Nair are wanting'. The counter affidavit does not contain any explanation as to why the Deputy Director did not take any fruitful action pursuant to Ext.P3 report, nor does it state why other headmasters/headmistress mentioned in Ext.P3 were not proceeded against. Strangely Sri.Y.Thomas who was one of the headmasters in charge of the school after the school received the materials was not included in the proceedings. But, from Exts.P4 and P5 I find that the Deputy Director has magnanimously permitted to write off even the ` 15,100/- fixed as liability on Sri.Y.Thomas. Still strangely, the Deputy Director has not chosen to proceed against other headmasters/headmistress, who were in charge prior to the petitioner. The entire liability of ` 1,96,193/- has been fixed on the petitioner. I am of opinion that in view of the materials placed by the petitioner on record, the same is patently unsustainable. Of course, the petitioner is partly liable insofar as after taking charge from July, 2003, the petitioner had not taken appropriate steps to see that the materials are finally disposed of to collect whatever could be salvaged. That does not mean that the petitioner can be held liable for the entire amount of ` 1,96,193/-, fixed as liability. The petitioner can at best be made liable for 1/6th of the amount, since 5 headmasters/headmistresses were in charge after receipt of the w.p.c.26992/07 7 materials in the school and the Deputy Director is also responsible in the matter. According to me, the Deputy Director himself is responsible for the situation which has arisen. If he had taken appropriate definite action pursuant to Ext.P3 to immediately dispose of the materials available, at least some of the price of the same could have been salvaged, whatever it is worth. Therefore, all the six persons including the Deputy Director and the petitioner involved in the matter from 27.8.2002 (date of Ext.P3), are jointly liable for the loss caused to the Government. Admittedly, by not taking timely action, the Government has lost the amount. Therefore, I am of opinion that the Government should recover the said amount from all the six persons jointly. The petitioner would be liable only for 1/6th of the amount. Accordingly, I hold that the petitioner is liable for only 1/6th of the said amount being ` 32,700/-. Therefore, I dispose of this writ petition with a direction to respondents 1 and 2 to see that the DCRG due to the petitioner is disbursed to the petitioner after adjusting the said amount of ` 32,700/- as liability, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.26992/07 8 sdk+ S.SIRI JAGAN, JUDGE