N.P.PALANISWAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr.C.Munusamy, learned counsel appearing for the petitioner, Mrs.C.Sangamithirai, learned Special Government Pleader appearing for the first and second respondents and Mr.M.R.Raghavan, learned counsel appearing for the fourth respondent. There is no appearance on behalf of the third respondent.

(2.) Pending the Writ Petition, the original petitioner, namely Mr.N.P.Palaniswamy, expired and his legal heirs have been brought on record.

(3.) The late employee Mr.N.P.Palaniswamy, while serving as Cashier-cum-Assistant, was levelled with two charges on 16/3/2000 and 31/3/2000, alleging that there was a shortage of Rs.1,000.00 and that he had misappropriated a sum of Rs.4,700.00 on another occasion. Based on the levelled charges, an enquiry is said to have been conducted and the charges were held proved. Accordingly, the fourth respondent herein, who is the Managing Director of the Cooperative Bank, had dismissed the late employee from service on 23/8/2000. Originally, this order of dismissal was challenged in a revision before the second respondent herein, which was confirmed. When the matter was further challenged before this Court in W.P.No.10798 of 2004, the issue was remitted back to the Revisional Authority, by an order dtd. 29/3/2012. It is in this background, the present impugned order dtd. 3/10/2012 came to be passed under Sec. 153 of the Tamil Nadu Cooperative Societies Act.