JUDGMENT

Dated this the 3rd day of March, 2022 The petitioners are employees of the first respondent Corporation and are aggrieved by the notices proposing to impose liability on them. The notice are issued alleging that, during the period from 01.04.2014 to 31.12.2015, the petitioners had sold subsidy items to ration card holders, in excess of the permitted quantity. Two among the petitioners are stated to have retired during the pendency of this writ petition. Aggrieved by the proposal to impose liability, the petitioners have send individual replies, which are pending consideration.

2. Learned Senior Counsel appearing for the petitioners referred to Ext.P52 communication to submit that automatic quantity restriction with respect to retail billing for subsidy commodities was implemented only with effect from 12.01.2016. The period for which liability is proposed to be imposed on petitioners being prior to that, the employees had no indication about the permissible quantity and cannot therefore be made liable for exceeding the limit. Reference is also made to the direction in Ext.P51 to consider the alleged excess sale of each outlet individually and to take an independent decision, after considering all relevant factors. Ext.P57 Government Order is relied on to contend that, identically placed employees have been exonerated of the liability.

3. The learned Standing Counsel for the respondent Corporation submitted that the Corporation is prepared to consider the explanations submitted by the petitioners and to pass reasoned orders thereon.

Having heard the learned Senior Counsel and learned Standing Counsel, I deem it appropriate to dispose of the writ petition, directing the first respondent to consider the explanations submitted by the petitioners individually with reference to Exts.P51, 52 and 57 and to pass reasoned orders thereon, after affording an opportunity of hearing to the petitioners. The order, as directed above, shall be passed as expeditiously as possible. The further proceedings for recovery shall be kept in abeyance till such time and the decision at Ext.P50 shall not stand in the way of the petitioners claim for promotion being considered, subject to the final outcome of the proceedings.

Sd/-

V.G.ARUN JUDGE RK APPENDIX OF WP(C) 28077/2019 PETITIONER EXHIBITS EXHIBIT P1 PHOTO COPY OF THE NOTICE, NO.IAW7-

32808/2018 DATED 26.12.2018.

EXHIBIT P2 TRUE COPY OF THE REPLY DATED 06.01.2019.

EXHIBIT P3 PHOTO COPY OF MEMO OF CHARGE NO.D27-

1493/19(1) DATED 12.02.2019.

EXHIBIT P4 COPY OF THE REPLY DATED 03.03.2019.

EXHIBIT P5 PHOTO COPY OF THE NOTICE, NO.IAW7-

24333/2018 DATED 12.09.2018.

EXHIBIT P6 PHOTO COPY OF THE REPLY DATED 28.11.2018.

EXHIBIT P7 PHOTO COPY OF THE NOTICE, NO.IAW7-

24332/2018 DATED 12.09.2018.

EXHIBIT P8 PHOTO COPY OF THE REPLY 28.11.2018.

EXHIBIT P8 PHOTO COPY OF THE LETTER, NO.IAW7-

24333/2018 DATED 01.02.2019.

EXHIBIT P9 PHOTO COPY OF THE CHARGE MEMO NO.A6-

4541/2018 DATED 10.06.2019.

EXHIBIT P10 PHOTO COPY OF REPLY ON 20.06.2018. EXHIBIT P11 PHOTO COPY OF THE NOTICE, NO.IAW7-

32805/2018 DATED 17.11.2018.

EXHIBIT P12 PHOTO COPY OF THE NOTICE, NO.IAW4-

32412/2018(2) DATED 24.05.2019.

EXHIBIT P13 PHOTO COPY OF THE REPLY TO DATED

21.06.2019.

EXHIBIT P14 PHOTO COPY OF THE NOTICE, NO.IAW7-

39047/2018 DATED 18.02.2019.

EXHIBIT P15 PHOTO COPY OF THE REPLY DATED 21.06.2019.

EXHIBIT P15 PHOTO COPY OF THE PROCEEDING, D.10-

22542/19(1) DATED 05.08.2019.

EXHIBIT P15 PHOTO COPY OF THE ORDER, NO.D10-22542/19 DATED 16.09.2019.

EXHIBIT P16 PHOTO COPY OF THE MEMO OF CHARGE, NO.A6-

09/2019 DATED 13.06.2019.

EXHIBIT P17 PHOTO COPY OF THE REPLY DATED 25.07.2019.

EXHIBIT P18 PHOTO COPY OF THE NOTICE, IAW7-

32806/2018(1) DATED 10.12.2018.

EXHIBIT P19 PHOTO COPY OF THE REPLY DATED 31.12.2018.

EXHIBIT P20 PHOTO COPY OF THE NOTICE, IAW4-

35838/18(2) DATED 26.12.2018.

EXHIBIT P21 PHOTO COPY OF THE REPLY DATED 08.02.2019.

EXHIBIT P22 PHOTO COPY OF THE NOTICE, NO.IAW4-

32798/18(3) DATED 11.12.2018.

EXHIBIT P23 PHOTO COPY OF THE REPLY DATED 15.01.2019.

EXHIBIT P24 PH