MANAGEMENT S.P(SPL.)90 VISWANATHAN PRIMARY AGRICULTURAL CO-OPERATIVE BANK VISWANATHAM Vs. APPELLATE AUTHORITY UNDER TAMILNADU SHOPS AND ESTABLISHMENTS ACT

JUDGEMENT

(1.) THE petitioner is a Co-operative Bank. The second respondent was employed as a Senior Clerk/Secretary incharge in the petitioner bank. The Cashier one Mr.Radhakrishnan, misappropriated the funds to the tune of Rs.2,16,500/- from various accounts. The petitioner issued a charge memo dated 23.09.2002 against the second respondent alleging that he connived with the Cashier Mr.Radhakrishnan in misappropriating the funds. The following charges are levelled against him in the charge memo dated 23.09.2002.

(2.) AN enquiry was conducted against the second respondent. The enquiry Officer gave his report dated 03.02.2003. Ultimately, the petitioner was dismissed from service based on the enquiry proceedings, by an order dated 24.12.2003. The second respondent preferred an appeal under Section 41(2) of the Tamil Nadu Shops and Establishments Act, before the first respondent questioning the order dismissing him from service. The same was taken on file in T.N.S.E No.6 of 2004.

(3.) HEARD both sides.