S RAJENDRAN Vs. SPECIAL OFFICER

JUDGEMENT

(1.) The writ petition is filed by the petitioner challenging the show cause notice, dated 10.09.2008 as to why he should not be dismissed from service. The writ petition was admitted on 14.10.2008 and an interim stay was granted on the same day. Subsequently, on 18.06.2009, the interim stay was extended until further orders. In M.P.No.2 of 2008, this court directed the respondent to pay subsistence allowance on 10.9.2009. Subsequently, the said order came to be reiterated by a further order dated 22.10.2009. When the matter came up on 8.1.2010, in view of the earlier order passed by this court, M.P.No.2 of 2008 was closed.

(2.) On notice from this court, the respondent Thiruppalakkudi Primary Agricultural Cooperative Bank Limited filed a counter affidavit, dated Nil (March, 2009). In the counter affidavit, it was contended that the writ petition is not maintainable and that the petitioner has to go before the revisional authority under Section 153 of the Tamil Nadu Cooperative Societies Act,1983.

(3.) It is seen from the records that the petitioner joined the respondent society as an Attendar. Subsequently, he was promoted as a Clerk and thereafter, as a Senior Clerk. Whenever the Secretary of the Society went on leave, he was entrusted the work of the Secretary. The petitioner did not report for duty on 09.1.2004. Therefore, another salesman attached to the fair price shop was asked to maintain the cash book and cash balance. The petitioner did not hand over the cash balance of Rs.3563/-. Hence, a disciplinary action was taken and the petitioner was kept under suspension. A charge memo, dated 2.4.2005 was served on him. Though he was placed under suspension, due to lack of funds, he was not paid subsistence allowance. A domestic enquiry was ordered. The Enquiry Officer found him guilty of charges. Thereafter, as per the bye-laws, the second show cause notice was given. It is against this show cause notice, the writ petition was filed.