SPECIAL OFFICER Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) THE writ petition was filed by the Special Officer, S-390, Pothanur Primary Agricultural Co-operative Bank Limited, Pothaur Post, Paramathi Velur Taluk, Namakkal District challenging the impugned order passed by the first respondent, the appellate authority, Under the Payment of Subsistence Allowance Act (Deputy Commissioner of Labour) Salem - 7 modifying the order passed by the Authority Under the Payment of Subsistence Allowance Act, (Assistant Commissioner of Labour) Salem 7 in favour of the third respondent Mr.P.M.Anbalagan.

(2.) THE third respondent, Mr.P.M.Anbalagan was appointed as a salesman on 11.11.1979 in the petitioner Bank. Subsequently, he was promoted as Cashier. While he was working as cashier, he was demoted as clerk due to certain irregularities committed by him. When the third respondnet was working as clerk, the management found out misappropriation of funds to the tune of Rs.3,82,220/- committed by one R.Rajalingam. Since the third respondent Mr.P.M.Anbalagan was incharge of checking the sales effected by the said employee R.Rajalingam, a doubt had arisen that the third respondent may also be responsible for the loss caused to the petitioner Bank for the reason that the third respondent failed to tally the accounts for the members, which resulted in submitting wrong particulars for audit.

(3.) IN response to the show cause notice dated 23.9.1999, the third respondent has submitted his explanation on 9.10.1999 before the petitioner Bank stating that for the first time various irregularities were alleged to have been committed, by the petitioner Bank and the Enquiry Officer. Under such circumstances, the third respondent filed a writ petition in W.P.No.16792 of 1999 on the file of this Court to quash the enquiry report dated 6.7.1999 and the consequential show cause notice dated 23.9.1999 with a further prayer to re-instate him in service.