D CHANDRASEKARAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE writ petition has been preferred by the dismissed Secretary to Umarabad Primary Agricultural Co-operative Bank, Umarabad Post, Vellore District. THE dismissal order was passed on 31.8.1999 against which the petitioner preferred a revision which was dismissed by the second respondent by an order dated 29.4.2002 which is impugned before this court.

(2.) THE facts of the case are as follows: THE petitioner stated that he was appointed as a clerk on 22.1.1990 in the third respondent bank and was holding in charge post of Secretary from 17.3.1992. Certain irregularities were alleged to have been committed by the petitioner, while he was working as Secretary incharge of the society and by one Mr.N.M.Samy, who was serving in third respondent bank as a clerk. Various charges were made against them. THEre was allegation of misappropriation of amount to the tune of Rs.8,41,342.85. For the said charges, the petitioner was placed under suspension on 1.10.97 and a charge memo was issued on 31.10.1997 for which the petitioner submitted his explanation on 26.12.1997.

(3.) MR.V.K.Rajagopalan, learned counsel for the petitioner submitted that the petitioner was only incharge Secretary and he was in no way involved in the irregularities said to have been committed that one MR.Ramaswamy, who misappropriated the money had agreed to pay back the amount and a sum of Rs.8,41,342.85/- was remitted by him and that he also agreed to remit a sum of Rs.3,13,242.65/- to the bank. Firstly when the offender himself agreed to remit the misappropriated amount and paid back the money, there was no question of any misappropriation by the petitioner. Secondly he submitted that there may be some dereliction of duties on the part of the petitioner, as he was the Secretary incharge and that the dereliction would not make the third respondent to dismiss the petitioner from the services of the bank.