1. This appeal is against the judgment of a learned judge of this Court in O.P. No. 748 of 1970, reported in 1973 KLT 366. The writ petition sought to quash Ext. P19 order of the State Government and certain other proceedings taken by it. These proceedings were taken against the writ petitioner (Respondent in the appeal) holding him liable for shortage of a stock of rice which be, as a godown keeper in the foodgrains depot, at Ponnani, under the Civil Supplies Department, had brought about on account of his neglect, carelessness or misconduct. The contract between the writ petitioner and the Government evidenced by Ext. P1 contained clause (4) as follows:

"4. That the said bounden doth hereby covenant and agree with the party hereto of the second part that, in the event of any loss or damage being caused to the Government by any act, omission, neglect, carelessness, misconduct or dishonesty on the part of the said bounden, he the said bounden shall make good to the Government such loss or damage in full, immediately on receipt of notice in writing from the Government as to the amount of such loss or damage and that on his failure to so pay up the amount, it shall be lawf