NAMAKKAL CO Vs. V. DURAISAMY

JUDGEMENT

(1.) The respondent attained the age of superannuation on 31.05.2011, working as General Manager in the appellant society. Before retirement, a charge memo was issued to him on 23.05.2011, which was served on 27.05.2011. The respondent was not permitted to retire from service pending enquiry by an order dated 31.5.2011. He was dismissed from service by the impugned order dated 09.11.2011. The respondent challenged the said proceedings/order dated 09.11.2011 in W.P.No.27170 of 2011.

(2.) The learned Single Judge, relying on a decision rendered by a Division Bench of this Court in P.Thangavel Vs. The Chairman, Common Cadre Committee/Joint Registrar of Cooperative Societies [2012 (3) CTC 488], held that a cooperative society employee cannot be kept under suspension beyond the date of superannuation as there is no such provision under the Tamil Nadu Cooperative Societies Act, 1983 and also under the bylaws framed therein. Thus, the order impugned therein was set aside, reserving liberty to the appellant Bank to proceed against the respondent for recovery, if any, under the provisions of Sec. 87 of the Tamil Nadu Cooperative Societies Act, 1983. Being aggrieved, the instant appeal has been filed by the respondent therein/the Bank.

(3.) The contention of the learned counsel for the appellant/Bank is that the respondent was not permitted to retire and as such it cannot be held that the respondent was no longer in service. Secondly, a charge sheet was issued on 23.05.2011 much before the date of superannuation of the writ petitioner on 31.05.2011 and thereafter, after completion of enquiry, the order of dismissal from service was passed. Thus, the findings of the learned Single Judge that disciplinary proceedings cannot continue after retirement from service is misplaced and the same deserves to be set aside.