IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 17462 of 2011(G) -------------------------- PETITIONERS: --------------- 1. SANKARA PILLAI.P.K., S/O.KRISHNA PILLAI, KANJAR P.O., THODUPUZHA, SALES ASSISTANT, KERALA STATE BEVERAGES ( M& M) CORPORATION LTD., WARE HOUSE, VENGOLA, PERUMBAVOOR. 2. RAJU.M.K., S/O.M.P.KURIAKOSE, MANARKUDIYIL HOUSE, KEEZHILAM P.O., PERUMBAVOOR, SALES MAN, KERALA STATE BEVERAGES ( M& M) CORPORATION LTD.,WARE HOUSE, VENGOLA, PERUMBAVOOR. 3. V.K.SATHYAN, S/O.KUTTAPAN, VAYALIL PUTHENPURA VEEDU, KADATHI, MUVATTUPUZHA, ABKARI EMPLOYEE, KERALA STATE BEVERAGES ( M& M) CORPORATION LTD., WARE HOUSE, VENGOLA, PERUMBAVOOR. 4. N.A.SUKUMARAN, S/O.AYAPPAN, NERILLATIL HOUSE, GHS ROAD, MUVATTUPUZHA, ABKARI EMPLOYEE, KERALA STATE BEVERAGES ( M& M) CORPORATION LTD.,WARE HOUSE, VENGOLA, PERUMBAVOOR. 5. K.A.JOSE, S/O.MATHACHAN, PUTHUMANAKADAYIL VEEDU, MUDAVOOR P.O., MUVATTUPUZHA, ABKARI EMPLOYEE, KERALA STATE BEVERAGES ( M& M)CORPORATION LTD.,WARE HOUSE, VENGOLA, PERUMBAVOOR. BY ADV. SMT.R.RANJINI SRI.S.RENJITH RESPONDENTS: --------------- 1. THE KERALA STATE BEVERAGES (M& M) CORPORATION LTD., THIRUVANANTHAPURAM-695010, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGER, KERALA STATE BEVERAGES (M& M)CORPORATION LTD.,WARE HOUSE, VENGOLA, PERUMBAVOOR-683542. ADV. SRI.C.S.AJITH PRAKASH,SC,BEVERAGES CORP FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17462 of 2011(G) APPENDIX PETITIONER'S APPENDIX: EXT.P1 : THE PHOTOCOPY OF THE NOTICE DATED 23.3.2011 ISSUED TO THE PETITIONERS BY THE 2ND RESPONDENT EXT.P2 : THE PHOTOCOPY OF THE REPRESENTATION DATED 4.4.2011 SUBMITTED BY THE 2ND PETITIONER EXT.P3 : THE PHOTOCOPY OF THE PAYSLIP OF THE 1ST PETITIONER FOR JUNE, 2011 EXT.P4 : THE PHOTOCOPY OF THE PAYSLIP OF THE 2ND PETITIONER FOR JUNE, 2011 EXT.P5 : THE PHOTOCOPY OF THE PAYSLIP OF THE 3RD PETITIONER FOR JUNE, 2011 EXT.P6 : THE PHOTOCOPY OF THE PAYSLIP OF THE 4TH PETITIONER FOR JUNE, 2011 EXT.P7 : THE PHOTOCOPY OF THE PAYSLIP OF THE 5TH PETITIONER FOR JUNE, 2011 RESPONDENTS' APPENDIX: NIL //TRUE COPY// P.A. TO JUDGE jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 17462 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of August, 2011 J U D G M E N T The petitioners are employees of the Kerala State Beverages (M&M) Corporation Ltd., presently working in FL-I, 07051 Foreign Liquor shop at Muvattupuzha. This writ petition has been filed challenging Ext.P1 notice dated 23.3.2011 issued to them by the second respondent saddling them with liability in the manner set out therein on apportionment of the liability towards the shortage in amount viz., `3,03,515/-, detected by the District Audit Team. The contention of the petitioners is that liability was so fixed on them unilaterally without serving any notice as also without affording them an opportunity of being heard. In short, the notice proposing recovery of amount mentioned in Ext.P1 in the manner set out therein has been issued in violation of principles of natural justice. After issuing Ext.P1 the respondents have virtually started effecting recovery from the monthly salary of the petitioners. It is in the said circumstances that this writ petition has been filed WPC.No.17462/2011 : 2 : challenging Ext.P1 and seeking for consequential reliefs. 2. On 4.7.2011 this Court passed an interim order as hereunder:- “Learned standing counsel seeks further time to get instructions. Post on 13.7.2011. Till such time no recovery shall be made pursuant to Ext.P1.” The grievance of the petitioners is that even after passing of the interim order dated 4.7.2011 the respondents have effected recovery from the salary of the petitioners. The learned counsel appearing for the respondents submitted that the respondents would recall Ext.P1 and they may be granted the liberty to initiate fresh proceedings for the purpose of fixing liability, in accordance with law, with notice to the parties including petitioners. In the said circumstances taking note of the said submissions made on behalf of the respondents, this writ petition is disposed of with the following directions:- The respondents shall recall Ext.P1 forthwith. It will be open to the respondents to initiate fresh steps for fixation of liability, if any, in accordance with law, with notice to all concerned and after affording them with an opportunity to submit their objections against the proposal, if made. Needless to say that they shall also be afforded with an WPC.No.17462/2011 : 3 : opportunity of being heard. Since, the respondents have effected recovery from the salary of the petitioners after the interim order dated 4.7.2011, they are bound to refund the recovered amount to the petitioners. The question of refund of amount, if any, recovered from the petitioners in the light of Ext.P1 prior to the interim order dated 4.7.2011 would depend upon the outcome of fresh proceedings if initiated. In case the petitioners are not saddled with any liability in such proceedings then, the recovered amount shall be refunded expeditiously, at any rate, within two weeks from such decision. The learned counsel for the respondents submitted that the petitioners may be directed to cooperate with the proceedings, if initiated afresh pursuant to this judgment. It is ordered that the petitioners shall co-operate with such proceedings, if initiated, pursuant to this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge