S. PAULRAJ Vs. REGISTRAR OF COOPERATIVE SOCIETIES, CHENNAI

JUDGEMENT

(1.) THE present writ appeal has been filed against the order of the learned Single Judge of this Court dated 17.12.2012 made in W.P.No.24227 of 2012.

(2.) THE appellant was working as Joint Registrar of Cooperative Societies cum Principal, Samiappa Cooperative Training Institute, Thanjavur and he was promoted as Deputy Registrar / Special Officer of Athur Agricultural Producers Marketing Society, Salem from 7.11.1994 to 7.12.1996. A charge memo dated 25.1.2000 came to be issued against the appellant alleging that during the period of his employment as Special Officer of the above said society, he was negligent in discharging his duties in the sale of cotton to Srivilliputhur Cooperative Marketing Society and Chengam Cooperative Marketing Society, contrary and violation to the provisions of the bye -laws of the above said society, Tamil Nadu Cooperative Societies Act and Rules and thereby caused loss to the society with corresponding gain to him. The appellant, on receipt of the said charge memo, submitted his explanation dated 10.6.2001, denying the charges and the said explanation was found unsatisfactory and therefore, an Enquiry Officer in the rank of Additional Registrar, was appointed. After enquiry, the Enquiry Officer submitted his report dated 27.12.2002 holding that two charges have been proved and the appellant was furnished with the enquiry report on 23.1.2003. The appellant submitted his further explanation on 23.2.2003. While so, on the date of retirement viz., on 30.6.2005, the appellant was placed under suspension because of the pendency of the disciplinary proceedings and in this regard, he has filed a writ petition before this Court in W.P.No.29931 of 2008 praying for appropriate direction to pass final orders on the departmental enquiry initiated against him and this Court, vide order 18.12.2008, disposed of the said writ petition, with a direction to the concerned authority to pass final orders, within eight weeks. Since the said order was not complied with, the appellant filed a contempt petition before this Court in Cont.P.No.497 of 2009. It is also the case of the appellant that simultaneously, a criminal prosecution was also launched against him for having caused loss to the extent of Rs.43,98,895/ -. He filed an application for discharging him from the criminal case and the same was dismissed. As against the same, he filed a criminal revision in Crl.R.C.No.48 of 2007 before this Court and this Court, vide order dated 14.6.2012, allowed the criminal revision case and consequently, discharged him from the criminal case. The departmental proceedings, thereafter, culminated into the order of removal from service by the second respondent in G.O.3(D) No.10, Cooperative, Food and Consumer Protection (CE2) Department dated 6.8.2012 and the same was challenged by filing a writ petition before this Court in W.P.No.24227 of 2012. Before the learned Single Judge, it was contended that in Annexure -IV of the charge memo, no witness has been cited to substantiate the charges. But, the said aspect was not taken into consideration by the learned Single Judge and having taken into consideration the fact that the appellant has attained the age of superannuation on 30.6.2005, the learned Single Judge set aside the impugned order of the second respondent passed in G.O.3(D) No.10, Cooperative, Food and Consumer Protection (CE2) Department dated 6.8.2012 and remitted the matter back to the respondents to conduct a fresh enquiry in accordance with law, by providing reasonable opportunity to the appellant. The learned Single Judge, while arriving at the said conclusion, has also noted that though it was contended on behalf of the respondents that documents were marked and witnesses were examined, no proof whatsoever has been produced before the Court and the learned Single Judge has also perused the enquiry report and found that absolutely, there is no indication to the effect that the documents were marked and the witnesses were examined. Aggrieved over the order of remand, the writ petitioner has filed the present writ appeal.

(3.) PER contra, learned Government Pleader appearing for the respondents vehemently contended that the appellant caused loss to the concerned society with corresponding monetary gain to him and taking into consideration that the appellant has already attained the age of superannuation, the learned Single Judge remitted the matter to conduct enquiry afresh. Thus, he seeks for the dismissal of the writ appeal.