P GOVINDAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who was employed as Salesman in the fourth respondent society, has come forward with the present writ petition challenging the enquiry communication issued by the fourth respondent dated 25.10.2004 and the consequential communication dated 08.11.2004.

(2.) IT is the case of the petitioner that he was employed as a Salesman in the fourth respondent/Sethunampalayam Weaver's Co-operative Production and Sales Society, hereinafter called as 'the Society', on 01.06.1981 and he continued in the same position. While so, the third respondent issued a memo dated 15.10.2001 directing the fourth respondent to take action against the servants of the society for specific charges framed against each of them, in which, in para-3, the charge against the petitioner was referred. On the basis of such memo, the fourth respondent issued a charge memo dated 02.03.2002 containing the very same charge as contained in para-3 of the memo dated 15.10.2001 issued by the third respondent. The charge came to be levelled against the petitioner and others on the basis of a report under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983, hereinafter referred to as 'the Act'. In the said report, it was mentioned that the petitioner had issued an appraiser receipt to the members on 20.12.2000 as if they have manufactured and supplied textiles, though they have not manufactured or supplied textiles to the society. For the above said charge, the petitioner submitted his explanation denying the same. Thereafter, the petitioner was placed under suspension from service, by an order dated 12.11.2002. IT is the contention of the petitioner that during the period of suspension, he was not paid subsistence allowance. Subsequently, an enquiry officer was appointed, who enquired into the charges and held that the charges framed against the petitioner were not proved and a report to that effect was submitted on 31.07.2004. On receipt of the enquiry report, the fourth respondent revoked the order of suspension and reinstated the petitioner in service on 28.08.2004 and he also joined duty on 30.08.2004. However, the fourth respondent imposed a penalty of stoppage of increment for a period of three months without cumulative effect. While so, the fourth respondent, by order dated 11.09.2004, once again suspended the petitioner from service referring to all the earlier proceedings of the fourth respondent with respect to the charge memo dated 02.03.2002, including the enquiry officer report dated 31.07.2004. According to the petitioner, no fresh charges or allegations were referred to in the order of suspension dated 11.09.2004. Subsequently, the fifth respondent issued a notice for enquiry on 30.10.2004 for enquiring into the alleged charges contained in the charge memo dated 15.10.2001, but no such charge memo dated 15.10.2001 was issued to him and only a reference was made to the memo dated 15.10.2001 issued by the third respondent to the fourth respondent directing him to take action against the servants of the society. Therefore, the petitioner challenges the enquiry communication dated 25.10.2004 issued by the fifth respondent and the subsequent communication dated 08.11.2004 on the ground that the action of the fourth and fifth respondents is arbitrary and against the principles of natural justice.

(3.) AT the outset, the learned counsel for the petitioner submits that when the petitioner was imposed with punishment in respect of the charges contained in the charge memo dated 02.03.2002, for the very same set of charges and in the absence of any new charges framed, the respondents cannot proceed against the petitioner by conducting an enquiry. Therefore, the impugned communication issued by the fifth respondent is without jurisdiction and not based on any charges and the fifth respondent cannot be allowed to proceed further. The learned counsel for the petitioner also brought to the notice of this Court that during the pendency of the present writ petition, the petitioner retired from service.