SRIVILLIPUTHUR PRIMARY AGRICULTURAL CO-OPERATIVE BANK LTD Vs. R PERUMAL; JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES; DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) These two appeals involve common questions of law and fact and can be onveniently disposed of by this common judgment.

(2.) The appellant in these two appeals Srivilliputhur Primary Agricultural Co-operative Bank is a Society registered under the Tamil Nadu Co-operative Societies Act 1983 (hereinafter referred to as "the Act"). The first respondent R. Perumal was appointed as Clerk on 16.05.1977 in the appellant bank and worked as Senior Clerk between 1996 and 1998. While he was working as Senior Clerk, he was suspended from service by the bank on 31.12.1999. Subsequently, on 11.02.2000 six charges have been framed against him, for which the first respondent has submitted his explanation on 21.02.2000. Subsequently, the bank has issued the second charge memo on 01.04.2000 alleging certain misconduct. An enquiry was conducted in respect of charge memo dated 11.02.2000, in which the charges in charge memo dated 01.04.2000 were not included. On the basis of a Report of the Enquiry Officer dated 30.10.2000, show cause notice came to be issued on 09.11.2000 for which the first respondent has submitted his explanation on 15.11.2000. Ultimately, by an order dated 07.03.2001, the first respondent was dismissed from service. On an appeal filed by the first respondent against the said order, the Joint Registrar, Co-operative Society by his order dated 29.06.2001 while allowing the appeal, remanded the case for fresh enquiry on the ground that criminal court recorded a finding in favour of the first respondent by acquitting him. Thereafter, again fresh enquiry was conducted not only in respect of the charge memo dated 11.02.2000, but also in respect of the charge memo dated 01.04.2000 and second show cause notice dated 10.04.2002 came to be issued to the first respondent as to why he should not be dismissed from service. The second show cause notice dated 10.04.2002 was challenged by the first respondent by filing W.P. No. 20525 of 2002 and the said writ petition was admitted on 13.06.2002 and stay was granted, which is pending.

(3.) In the meantime, the Joint Registrar ordered an enquiry under Section 81(4) of the Act. Pursuant to which, enquiry notice dated 11.08.2004 was issued directing the first respondent to appear for the enquiry on 19.08.2004. No enquiry report was submitted to the first respondent. However, the enquiry report was duly forwarded by the Deputy Registrar of Co-operative Society to the appellant bank. On the basis of the enquiry report under Section 81(4) of the Act, the appellant bank issued another show cause notice dated 12.05.2005 and also issued a detailed charge memo dated 29.07.2005 on the basis of the said report. In the meantime, the first respondent filed W.P. No. 8313 of 2005 challenging the suspension order dated 31.12.1999. The said writ petition was admitted, but no interim order was passed and consequently, the first respondent continued under suspension. By order dated 22.09.2005, learned single Judge on the basis that the suspension order was against the provisions of Section 76(1) of the Act, since specific period has not been given in the suspension order, allowed W.P. No. 8313 of 2005 and set aside the suspension order dated 31.12.1999. Writ Appeal No. 96 of 2006 is directed against the order of the learned single Judge dated 22.09.2005.