V SHANMUGASUNDARAM Vs. REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) THE petitioner has challenged the order, dated 11.7.1996 of the Register of Co-operative Societies, Chennai, first respondent herein and consequently, for a direction to reinstate him as Junior Inspector of Co-operative Societies with el service and monetary benefits.

(2.) IT is the case of the petitioner that he was temporarily appointed as Junior Inspector of Co-operative Societies on 1.4.1986. A charge memo under Rule 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) rules, was served on the petitioner and he had submitted his explanation. Thereafter, there was no progress in the disciplinary action. When the Government decided to regularize temporary hands like that of the petitioner, by holding a special qualification examination, the petitioner was not permitted to take part in the said examination on the ground that he was already terminated from service. According to the petitioner, there was no communication in this regard. Therefore, the petitioner was constrained to submit a representation, dated 28.2.1990 to the first respondent, requesting him to furnish the reasons for non-considering his case to participate in the Special Qualifying Examination. By reminder dated 23.2.1996, the petitioner once again requested the Deputy Register of Co-operative Societies, Coimbatore, second respondent to pass orders on the appeal memorandum. Since no order was passed on the representation, left with no other alternative, the petitioner was constrained to file O.A.No.2565 of 1996, before the Tribunal for a direction to the respondents to dispose of the statutory appeal pending on the file of the first respondent. By order dated 14.5.1996, the Tribunal directed the Registrar of Co-operative Societies, Chennai, first respondent herein, to dispose of the representation of the petitioner, dated 28.2.1990, within a time frame. Pursuant to the directions of the Tribunal, the first respondent, while disposing of the said representation, by order dated 11.7.1996, has stated that as the petitioner had committed serious irregularities and malpractices during his tenure as Special Officer of the above said Society, he was terminated from service with effect from 11.8.1988, without assigning any reasons. IT is further stated that as per Rule 10(a)(v) of the Tamil Nadu State and Subordinate Service Rules, the services of a person appointed temporally can be terminated at any time without any notice.

(3.) HEARD the learned counsel for the parties and perused the materials available on record.