N. TAMILVANAN Vs. JOINT REGISTRAR OF COOPERATIVE SOCIETY

JUDGEMENT

(1.) THIS Writ Appeal is filed challenging the impugned order passed in W.P.(MD)No.5769 of 2008 dated 30.06.2008.

(2.) THE brief facts, necessary to dispose of the Writ Appeal is as follows: The Appellant has been appointed as a Secretary at the Nadium Primary Agricultural Cooperative Bank Ltd., on 06.04.1993. As there was an allegation of misappropriation, he was placed under suspension on 06.10.1999. A case in Crime No.4 of 1999 was also registered by the Economic Offences Wing, Crime Branch, Thanjavur against the President and two others including the Appellant of the society. A charge memo was also issued to the Appellant. Though he was placed under suspension, he was not paid any subsistence allowance. He could not take part in the disciplinary proceedings. In the disciplinary proceedings an ex-parte dismissal order was passed on 19.09.2002. On 23.08.2002, the Appellant appeared before the Enquiry Officer and pleaded that because of failure to pay subsistence allowance, he was not in a position to defend himself in the disciplinary proceedings. Meanwhile, in the case in Crime No.4 of 1999, a charge-sheet was filed and the case was taken on file in C.C.No.278 2000 by the learned Judicial Magistrate Pattukkottai. After a trial, the Appellant has been released under the Probation of Offenders Act by a judgment dated 18.11.2004. The trial Court took note of the fact that the entire misappropriated amount had been paid back by the 2nd accused therein. Since the Appellant was not convicted in the criminal proceedings, he has to be reinstated. Because, he was not paid the subsistence allowance, an ex-parte order was passed and such disciplinary proceedings is non est and has to be set aside. The Appellant was poor and as he was not paid any subsistence allowance, he was not in a position to approach the Court in time to set aside the order of dismissal. However, the Appellant has sufficient grounds to set aside that order and therefore, he has filed the above Writ petition by way of Certiorarified Mandamus to quash the order of the 2nd respondent dated 19.09.2002.

(3.) ON notice, Mr.Gunaseelan Muthiah, learned Government Advocate appeared for the first respondent and Mr.S.Pala Ramasamy learned counsel appeared for the 2nd respondent. A counter affidavit has also been filed by the 2nd respondent, stating that an enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act, was initiated against the President and others including the Appellant for misappropriation of a sum of Rs.4,46,565.45 and a criminal proceedings has also been initiated for various offences under IPC. According to the respondents, the petitioner did not take part in the disciplinary proceedings and has not submitted his explanation and a valid order has been passed as early as 19.09.2002.