K.A. ASOKAN Vs. THE VILLUPURAM DISTRICT COMMITTEE OF COMMON CADRE SERVICE FOR SECRETARIES OF PRIMARY AGRL. COOPERATIVE BANKS, REP. BY ITS CHAIRMAN CUM JOINT REGISTRAR OF COOP. SOCIETIES, VILLUPURAM,

JUDGEMENT

(1.) THE petitioner has filed the present writ petition, seeking to challenge an order dated 19.12.2008 passed by the second respondent viz., Registrar of Cooperative Societies in dismissing his appeal as well as the order of dismissal dated 29.05.2008 passed by the first respondent. The petitioner preferred an appeal in terms of G.O. Ms. No. 55 Cooperation Food and Consumer Protection Department dated 24.03.2000, wherein an appeal is provided as against termination in respect of employees coming under Common Cadre Service. The writ petition was admitted on 22.04.2009. On notice from this Court, on behalf of the second respondent, a counter affidavit dated 04.12.2009 was filed.

(2.) HEARD the arguments of Mr. S. Venkatraman, learned counsel appearing for the petitioner and Mr. V. Subbiah, learned Special Government Pleader for R2 and Mr. M. Dhandapani, learned counsel for the third respondent.

(3.) PURSUANT to enquiry report, the Special Officer of the Bank issued a show cause notice dated 08.11.2003. At that stage, the petitioner filed a writ petition being W.P. No. 38818 of 2003 and obtained a stay of the disciplinary proceedings. By an order dated 09.12.2004, this Court set aside the show cause notice dated 08.11.2003 and ordered for a fresh enquiry. The Joint Registrar of Cooperative Societies as the Chairman of the Common Cadre Controlling Authority has ordered a fresh enquiry by appointing the Special Officer of Ulundurpettai FSCS as the Domestic Enquiry officer. Before the Enquiry Officer, the petitioner demanded production of several documents.