A SENTHILNATHAN Vs. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES/SPECIAL OFFICER TRIPLICANE URBAN CO OPERATIVE SOCIETY LTD

JUDGEMENT

(1.) THIS writ petition is filed to quash the order of the first respondent in her Proceedings Na.Ka.No.2221/02/E2 dated 12.12.2002 and the consequential proceedings Na.Ka.No.2221/02/E2 dated 27.12.2002.

(2.) THE case of the petitioner, in a nutshell, is as follows :

(3.) LEARNED Counsel for the petitioner has submitted that the first respondent has issued the impugned proceedings without even considering the explanation submitted by the petitioner. He has contended that the conduct of enquiry without even making payment of subsistence allowance is illegal and without any justification. It is his further contention that the denial of subsistence allowance as if the petitioner was asked to stay at Headquarters and he has not stayed, is illegal and would amount to total non-application of mind. LEARNED counsel has further submitted that the petitioner has not left the Headquarters without permission and therefore, the denial to make payment of subsistence allowance is without justification. He has strenuously contended that the order of recovery imposed on the petitioner is liable to be set aside, inasmuch as the petitioner was on leave during the time of stock verification. He pleaded that the respondents be directed to pay the subsistence allowance to the petitioner from the date of suspension.