K THANGAM Vs. SECRETARY TO GOVERNMENT OF TAMILNADU COOPERATION FOOD AND CONSUMER PROTECTION DEPARTMENT

JUDGEMENT

(1.) HEARD both sides. The petitioner had originally jointed as an Assistant Salesman in the fourth respondent society on 29.8.1986. He claims that he had passed 8th standard and had produced an educational certificate to that effect. Subsequently, a complaint seems to have been received by the Chief Minister's grievance Cell about the petitioner committing a fraud on the society. On a query made by the CM's office, an enquiry under Section 81 of the Tamilnadu Cooperative Societies Act, 1983 was ordered. During the enquiry, it was found out that the petitioner had given a false educational certificate.

(2.) THEREFORE, a charge memo, dated 26.2.2007 was given to the effect that the petitioner did not get through 8th standard. The qualification required for that post was 8th standard pass. An enquiry was ordered after getting the petitioner's explanation. The Enquiry Officer found that the petitioner was guilty of charges. Subsequently, the petitioner was given a copy of the Enquiry report along with a show cause notice, dated 23.5.2007. The petitioner gave his explanation, dated 1.6.2007. The fourth respondent passed an order, stating that the petitioner's claim that he had studied in TELC Middle School, Keelapudur, Usilampatti, Madurai District was not truthful and his educational certificate was not genuine as informed by the Headmaster of that School. THEREFORE, the petitioner was removed from service with effect from 4.7.2007.

(3.) IN the operative portion of the order in paragraph 4, the first respondent observed as follows: