G.ANANDAN Vs. JOINT REGISTRAR

JUDGEMENT

(1.) The instant writ petition is filed for a writ of certiorarified mandamus, to quash the proceeding, dated 18/5/2010, issued by the second respondent and the order of the first respondent, in Revision Petition No.10/2010, A 2 in Na.Ka.5428/2010, A 2, dated 28/2/2011, and consequently, direct the respondents, to reinstate the petitioner into service, with all consequential service and attendant benefits.

(2.) The facts in brief are that the petitioner while working as a Salesman (Incharge), in Achamangalam fair price shop, had not remitted a sum of Rs.1,58,355/-, being the value of products sold from the Society. A memo was issued, on 21/5/2003. Thereafter, the petitioner, was put under suspension, on 1/10/2004. Since subsistence allowance was not paid, he made a representation, on 21/1/2005, i.e., after three and a half months, requesting for payment of subsistence allowance.

(3.) Vide, order, dated 29/3/2005, charges were framed against him, and he was directed to remit the entire amount to the Society, within a period of seven days, from the date of framing charges, i.e., 29/3/2005, on the ground that he had admitted his liability. On 20/5/2005, the petitioner once again wrote a letter for subsistence allowance. An enquiry was conducted. The petitioner did not participate. The Enquiry Officer found that the petitioner had misappropriated the Society's fund and held that charges were proved. The disciplinary authority accepted the findings of the Enquiry Officer and terminated the petitioner.