K GURUSAMY Vs. REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) PETITIONER seeks writ of certiorarified mandamus to quash the orders passed by the 2nd respondent in proceedings Na. Ka. 7753/99/a1 dated 04. 09. 2001, and to treat the period of termination from 08. 06. 1999 to 06. 03. 2001 as eligible leave and to regularise the intervening period of termination as duty with full pay and to pay the arrears.

(2.) THE Petitioner was working as Senior Inspector of Co-operative Societies and retired from service on 30. 06. 2001. Deputy Registrar of Co-operative Societies has framed three charges under rule 17 (b) of the TNCS (Danda) Rules against the Petitioner in his memo in Rc. No. 16134/82/a dated 30. 09. 1982, for certain lapses noticed on his part while he was working as Senior Inspector/ Branch Manager of the Nilgiris District Plantation Workers Co-operative Credit Society, Gudalur Branch from 01. 11. 1981 to 09. 07. 1982. The allegation under charge No. 1 was that one A. Mohamed Ali, a member of the Nilgiris District Plantation Workers' Co-operative Credit Society applied for a jewel loan of Rs. 5000/- and pledged the jewels (total 27 items) weighing 53. 000 gms and the loan was disbursed to the member on 22. 02. 1982 under jewel loan No. 8961. The payment voucher was passed by the Petitioner. The Petitioner is alleged to have substituted four spurious bangles instead of the 27 items originally and actually pledged by the member. Out of original 27 items pledged by Mohamed Ali 23 items were found to have been repledged by the Petitioner in the name of one Sukumaran. The Petitioner is alleged to have misappropriated to the extent of Rs. 5000/- that apart two other charges were also framed against the Petitioner.

(3.) IN respect of allegation No. 1, a criminal case was also registered against the Petitioner in C. C. No. 18/1984 on the file of Judicial Magistrate No. 4 Coimbatore. The trial court convicted the Petitioner and the Petitioner was sentenced to undergo rigorous imprisonment for 6 months and to pay fine and under Sec. 409 IPC and Sec. 477 (A) IPC. The Petitioner paid the fine of Rs. 7000/ -.