LAWS(MAD)-1996-8-36

MANAGEMENT OF KANCHIPURAM CENTRAL COOPERATIVE Vs. N DORAISWAMY

Decided On August 21, 1996
MANAGEMENT OF KANCHIPURAM CENTRAL COOPERATIVE Appellant
V/S
N.DORAISWAMY Respondents

JUDGEMENT

(1.) THIS writ petition has been preferred for quashing the order of the second respondent dated November 24, 1986 in T. S. E. Case No. 6 of 1981.

(2.) THE case of the petitioner is that the first respondent herein was working as a Branch Manager of the Poonamalle Branch of the petitioner's bank. He has committed serious irregularities and misappropriated the funds of the petitioner bank. Hence he was suspended from service on December 14, 1979. Charges were framed against him on March 10, 1980. He has admitted various lapses 'and irregularities, but contended that the irregularities and misappropriation were by one G. Balasubramaniam, who was working as cashier under him. A domestic enquiry was conducted. The enquiry report was submitted on September 1, 1980 finding the first respondent guilty of all major charges except two minor charges 2 (c) and 4 of the charge memo. On November 15, 1980 second show-cause notice was issued. After getting his explanation on December 17, 1980 he was dismissed from service on January 30, 1981. An appeal was preferred by the first respondent under Section 41 (2) of the Tamil Nadu Shops and Establishment Act, 1947, before the second respondent herein. The second respondent set aside the order of dismissal. Hence, the manage-ment has preferred this writ petition.

(3.) IN the counter affidavit of the first respondent it is contended that there is no error apparent in the order of the second respondent. The findings of the second respondent are highly warranted and should not be interfered with. The management did not let in evidence to substantiate any of the charges. Hence the writ petition must be dismissed.