Administrative liability on pensioners requires a fair hearing and cannot be imposed without proper inquiry as per established rules.

JUDGMENT

Muralee Krishna S., J.

The respondents in O.A.(EKM)No.1893 of 2020 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam (‘the Tribunal’ for short) filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , challenging Ext.P4 order dated 27.06.2025 passed by the Tribunal in that original application.

2. The respondent-applicant was working as Head Clerk in the office of the Assistant Executive Engineer, PWD (Roads) Sub Division, Thalassery, from 01.07.2016 to 10.06.2019. He was later promoted as Junior Superintendent and posted at the office of the Superintending Engineer, PWD National Highway, North Circle, Kozhikode. Thereafter, he was transferred to the office of the Executive Engineer, PWD Building Division, Thalassery, and worked therein from 25.09.2019 till his retirement on 31.03.2020. On retirement, he was sanctioned with the pensionary benefits as per Annexure A1 Verification Report dated 17.08.2020 issued by the Office of the Accountant General (A&E) authorising pension and pensionary benefits. Since the pensionary benefits would be disbursed only after the production of non liability certificate for the past three years prior to his retirement, the respondent- applicant approached the offices concerned, wherein he had worked during that period. The Superintending Engineer, PWD, National Highway, North Circle, Kozhikode, issued Annexure A2 Non Liability Certificate dated 18.12.2019, and the Executive Engineer, PWD Building Division, Thalassery, issued Annexure A3 Non Liability Certificate dated 08.09.2020 to the respondent- applicant. However, despite repeated reminders, the Assistant Executive Engineer, Public Works Department (Roads) Sub Division, Thalassery, did not issue the Non-Liability Certificate. On 12.10.2020, the Assistant Executive Engineer, who is the 5^th petitioner in the original petition and the 5^th respondent in the original application, issued an order fixing an amount of Rs.1,99,051/- as liability toward the non-filing of TDS to the Income Tax Department, which is produced as Annexure A5 in the original application. As an amount of Rs.49,000/- was recovered from the respondent-applicant earlier, the further amount required to be recovered from the respondent-applicant was fixed as Rs.1,50,051/-. The said liability was fixed on the basis of the letter issued by the Income Tax Department on 03.02.2020. On receipt of Annexure A5 order, the respondent-applicant submitted Annexure A6 representation dated 06.11.2020 to the 5^th petitioner stating that he was not responsible for the delay in filing the returns and the liability was fixed without conducting an enquiry and notice. The respondent-applicant did not remit the amount demanded by the 5^th petitioner in Annexure A5 order. Therefore, the 5^th petitioner issued Annexure A7 letter dated 02.11.2020, intimating the 4^th petitioner Executive Engineer, Public Works Department (Building Division), Thalassery, stating the inability to issue Non Liability Certificate to the respondent-applicant. Being aggrieved, the respondent-applicant filed O.A.(EKM)No.1893 of 2020 under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following reliefs:

“i. Issue an order setting aside Annexure A5 order.

ii. Issue an order directing the 5^th respondent to issue non liability certificate to the 4^th respondent.

iii. Declare that the liability fixed against the applicant is illegal and unsustainable.

iv. Issue an order directing the respondents to disburse DCRG to the applicant with interest.

v. Issue an order directing the respondents to refund the amount of Rs. 49,000/- recovered from