JAMPUDURAIKOTTAI PRIMARY Vs. V.PALANISAMY

JUDGEMENT

(1.) This Writ Petition is filed for issuance of a writ of Certiorari to quash the impugned order of the third respondent dtd. 14/5/2012 in PSA Appeal No.3/2012.

(2.) The petitioner in the writ petition is a Co-operative Society, registered under the Tamil Nadu Co-operative Societies Act. The first respondent in the writ petition was working as a clerk in the petitioner Society. It is stated by the petitioner that the first respondent is also in-charge of sales for some time and during that time, the first respondent committed misconduct. Pending disciplinary action against the first respondent, it is admitted by both parties that the first respondent was placed under suspension by an order dtd. 22/2/2008. Simultaneously, the petitioner Society issued charge memo dtd. 13/3/2008 against the first respondent. It is stated by the petitioner that the first respondent submitted his explanation on 25/3/2008 admitting the charges and that therefore, the petitioner Society passed final order on 2/4/2008 imposing the punishment of stoppage of increment for one year without cumulative effect. In the final order dtd. 2/4/2008, it is also stated that the period of suspension from 22/2/2008 to 2/4/2008 should be treated as leave on loss of pay. It is contended by the petitioner that the petitioner did not join duty, after receiving the order of punishment.

(3.) Be that as it may, the first respondent has again committed serious irregularities and misappropriation of funds. Pursuant to the enquiry under Sec. 81 of the Co-operative Societies Act, subsequent charge memo was issued to the first respondent and other employees, after finding that the concerned employees including the first respondent had committed misappropriation of funds from the Society. It is stated that the petitioner Society conducted a domestic enquiry and the first respondent was terminated from service on 29/12/2008, after holding that the charges against the first respondent were proved.