ARIJIT PASAYAT, K.S.RADHAKRISHNAN
K. C. Mathew – Appellant
Versus
Plantation Corporation of Kerala Limited – Respondent
PASAYAT, C.J.
The only question which needs adjudication in this writ appeal is whether the direction for recovery of loss allegedly sustained on account of appellant's conduct was imposed by way of punishment as contended by appellant, or as a mode of adjustment/recovery in respect of the loss sustained by it on account of his conduct as contended by the Plantation Corporation of Kerala Limited (hereinafter referred to as 'the Corporation'). Learned single Judge by the impugned judgment held that it was not, in reality an order of punishment but was only a direction to recover the loss sustained by the Corporation.
Factual position needs to be noted in brief : Appellant was functioning as the Administrative Officer of the Corporation. Proceedings were initiated against him for alleged misconduct and irregularities. One of the allegations was that he caused huge slots to the Corporation by several acts of omissions and commissions. An enquiry Was conducted in the matter. After receiving the enquiry report a notice was issued to the appellant to show cause as to why action shall not be taken against him for recovery. However, it was noted that since the appellant was at th
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