S. SEBASTIAN Vs. THE STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVT. COOPERATIVE DEPARTMENT, FORT ST. GEORGE, MADRAS AND

JUDGEMENT

(1.) THE petitioner has filed this writ for the issue of a writ of mandamus to reinstate him in service in the second respondent bank for the post of senior clerk and to pay the backwages.

(2.) THE petitioner was appointed as an approved writer by the proceedings of the second respondent dated 17.4.1975. Subsequent to the same, the petitioner was working in Aaranaiyur Agricultural Co -operative Society and he was dismissed from service 10.5.1977 as there was a shortage in the stocks of fertilizers. A criminal prosecution was launched against the petitioner and the President and the Magistrate Court, Devakottai convicted the petitioner and on appeal in C.A.84/99 before the Additional Sessions Court, Devakottai, the petitioner was acquitted by the judgment dated 16.7.1980 on merits. Pursuant to his acquittal, the petitioner sent letters to the second respondent requesting to reinstate him in service for which the second respondent sent a reply stating that he must seek employment in the Society where he was working at the time of his dismissal from service. As the petitioner was not reinstated, he has filed the above writ petition.

(3.) HEARD both sides.