LAWS(MAD)-2010-1-182

R SUNDARAMURTHY Vs. JOINT REGISTRAR OF COOP SOCIETIES

Decided On January 28, 2010
R.SUNDARAMURTHY Appellant
V/S
JOINT REGISTRAR OF CO-OP SOCIETIES, MADURAI REGION Respondents

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking to challenge the order of the first respondent Co-operative Society dated 30.10.2000 confirming the order dated 10.03.1999 passed by the second respondent.

(2.) The petitioner was a clerk of the second respondent Co-operative Society. He was placed under suspension by an order dated 24.11.1998. Subsequently, a charge memo was framed on 04.01.1999. A show cause notice dated 19.01.1999 was issued to the petitioner stating that since he had accepted the charges and the charges were severe, he should be dismissed from service. After getting his explanation and placing it before the Board of Directors and passing a resolution dated 04.03.1999, the petitioner was dismissed from service on 10.03.1999. The petitioner was informed that his dismissal came into effect from 24.11.1998, namely the date of suspension.

(3.) The petitioner had filed a revision before the first respondent under Section 153 of the Tamil Nadu Cooperative Societies Act. The second respondent Society on notice from the Revisional Authority had filed a detailed counter. The Revisional Authority by his final order dated 31.10.2000 dismissed the revision. He held that the petitioner both in his first and second explanations had unconditionally accepted the charges and he had never raised any ground relating to non-conducting of a domestic enquiry. Therefore, considering the misconduct committed by the petitioner, his dismissal was justified. It is against this order, the petitioner has filed the present writ petition.