M ADAIKANN Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) AGGRIEVED by the order of the Tamil Nadu Administrative tribunal dated 22. 05. 2003 made in O. A. No. 807 of 2002, in and by which the punishment of dismissal from service has been confirmed, the petitioner -Special Officer, has filed the above writ petition to quash the same and direct respondents 1 and 2 to reinstate him with all service and monetary benefits.

(2.) THE case of the petitioner is briefly stated hereunder: according to the petitioner, he was appointed as a temporary junior Inspector of Co. operative Societies on 05. 02. 1985. His service was regularised with effect from 16. 10. 1989 and subsequently he was promoted as senior Inspector of Co. operative Societies and while working as such, during 1995, he was directed to hold additional charge of about 15 Societies as special Officer, which covered around 50-60 Kms. , area. Based on the repeated representation of the employees of the Societies, which are under his control, a settlement has been arrived at by him under Section 12 (3) of the Industrial disputes Act, 1947, and with the approval of the then Co. operative sub-Registrar, who is a competent and higher authority, revision of pay scales of the employees of the Societies came to be extended. While so, alleging violations, he was issued with a charge memo dated 31. 03. 1998 under Rule 1 7 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules (in short "the Rules") and the petitioner was asked to submit his explanation for the same. Thereafter, an Enquiry Officer was appointed and at the time of enquiry, on 13. 07. 2002, the petitioner submitted his written explanation. The petitioner was also served with a copy of the enquiry report and he made a further representation, disputing all the allegations. By order dated 31. 01. 2002, the second respondent - Joint Registrar of Co. operative Societies, salem-7, imposed a capital punishment of dismissal from service. Aggrieved by the same, the petitioner filed O. A. No. 807 of 2002 before the Tamil Nadu administrative Tribunal. The Tribunal, by the order impugned in this writ petition, dismissed his original application, confirming the punishment of dismissal passed by the 2nd respondent / Joint Registrar of Co. operative soceities, Salem. Questioning the same, the petitioner has filed the present writ petition.

(3.) HEARD Mr. L. Chandrakumar, learned counsel for the petitioner and Mr. E. Sampathkumar, learned Government Advocate for respondents 1 and 2.