Liabilities cannot be imposed on an individual without proper hearing, and withholding of retirement benefits due to past liabilities is unjustified.

JUDGMENT :

N.NAGARESH, J.

The petitioner, who was appointed as Headmaster of the AMMHS, Karavaloor, Punalur, seeks to direct the respondents to disburse an amount of Rs. 1,19,275/-, the amount withheld from the DCRG of the petitioner, with interest at the rate of 12% per annum.

2. The petitioner states that on retirement from service, the petitioner was issued with Ext.P2 Non Liability Certificate. However, the pensionary benefits were not released. The petitioner came to know from Ext.P3 letter that some amounts were due towards outstanding liabilities with regard to distribution of text books. As per Ext.P3 letter dated 05.02.2021, an amount of Rs. 1,10,614/- with 18% interest was fixed as liability on the petitioner.

3. The petitioner states that the liability was fixed without hearing the petitioner. The liability as per Ext.P3 is of two periods, from 2010-2011 to 2017-2018 and 2018-2019. The amount due for the period from 2010-2011 to 2017-2018 is Rs. 83,887/-. The petitioner assumed charge of the Headmaster only on 01.04.2018. Therefore, the liability for the period 2010-2011 to 2017-2018 could not have been fastened on the petitioner.

4. The petitioner states that for the academic year 2018-2019, Education Department had revised the text books and therefore the existing books became obsolete. The petitioner cannot be blamed for this. Ext.P4 Dead Stock Certificate would evidence the same.

5. The petitioner submitted Ext.P5 complaint to the 2^nd respondent-Text Book Officer. The 2^nd respondent did not take any action on the complaint. The 1^st respondent- Deputy Director fixed an amount of Rs. 1,19,275/- as liability on the petitioner, as per Ext.P6. The said amount has been withheld from the DCRG due to the petitioner. The petitioner states that he is not responsible in any manner for the said amount.

6. The 1^st respondent-Deputy Director resisted the writ petition filing counter affidavit. The 1^st respondent stated that vide Ext.P3, an amount of Rs. 1,18,380/- with 12% interest was fixed as outstanding liabilities of AMMHS, Karavaloor in connection with distribution of text books. The petitioner did not take any action to rectify the deficiency. The petitioner failed to either recover the liability amount or fix the liabilities against the predecessors without realising the amount before issuing Non Liability Certificate to his predecessor. Therefore, DEO had no other way to recover the liability. It is only due to the negligence and lackadaisical approach of the petitioner that the loss has caused.

7. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents.

8. The petitioner retired from service while working as Headmaster, on 31.05.2021. On his retirement, the petitioner was issued with Exts.P2, P2(a) and P2(b) Non Liability Certificates. In spite of that, the petitioner has not been paid the entire amount of DCRG due on the ground that an amount of Rs. 1,10,614/- with 18% interest is due from the School.

9. The dues reflected in Ext.P3 is for the period from 2010-2011 to 2017-2018 and for the academic year 2018-2019. The petitioner assumed charge of Headmaster only on 01.04.2018. Therefore, the liability for the period from 2010-2011 to 2017-2018 could not have been fixed on the petitioner. Liability has been, however, fixed on the petitioner for the said period on the ground that the petitioner has issued a Non Liability Certificate to the predecessor.

10. The petitioner has a specific case that for the period 2018-2019, the text books were revised by the Education Department. Ext.P4 Dead Stock Certificate would indicate that a Dead Stock of text books worth Rs. 34,392/- was available in the School as on 31.03.2019. Therefore, the petitioner cannot be mulcted with the liability for the year 2018-2019.

11. As far as the period 2010-2011 to 2017-2018 is concerned, the educational authorities have not taken any action for recovery from the concerned School authorities for the p