M SOMASUNDARAM Vs. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES COIMBATORE REGION CHINTHAMANI CO OPERATIVE

JUDGEMENT

(1.) (PRAYER: Appeal under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 9.12.2004 made in W.P.No.14394 of 1998.) This is an appeal from an order of the learned Single Judge dated 9.12.2004 made in W.P.No.14394 of 1998 dismissing the writ petition filed by the appellant herein.

(2.) 1. Shortly stated, the facts giving rise to this appeal are these: The appellant was working as a salesman in the fair price shop run by the third respondent, and he was permitted to work as Extra Departmental Branch Post Master on part time basis by a no objection resolution passed by the third respondent dated 10.7.1991. 2.2. Taking advantage of such no objection resolution dated 10.7.1991 passed by the third respondent, when it was alleged that the appellant had committed certain irregularities and had closed down the fair price shop from 12.8.1991 to 14.8.1991 without handing over the charge and applying for leave, disciplinary action was initiated against the appellant, pursuant to which he was placed under suspension, charges were framed, and enquiry was conducted by an Enquiry Officer. 2.3. Even though the appellant initially denied the charges levelled against him, during the course of disciplinary proceedings, he admitted all the charges on 8.2.1992 and on the basis of the said admission, the Enquiry Officer submitted his report on 2.3.1992 holding the appellant guilty. The relevant portion of the report of the Enquiry Officer dated 2.3.1992 reads as under:

(3.) WE have given careful consideration to the submissions of both sides.