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S. M. SUBRAMANIAM
R. Rameshkumar – Appellant
Versus
Board of Tamilnadu Co-operative Union, N. V. Natarajan Maligai, 170 E. V. R. Periyar Salai, Kilpauk, Chennai – Respondent
Headnote: Read headnote
ORDER :
1. The order passed by the Revisional Authority under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983 [hereinafter referred to as ‘The Act’] is under challenge in the present writ petition.
2. The Revisional Authority confirmed the order of removal from service issued on the writ petitioner in the departmental disciplinary proceedings. The petitioner was an employee in the Tamil Nadu Co-operative Union and departmental disciplinary proceedings were initiated based on certain allegations, which all are grave in nature and the proceedings ended with the order of punishment of dismissal from service.
3. The main ground raised by the petitioner is that the Additional Registrar, who decided the Revision Petition under Section 153 of the Act was the authority, who issued the original punishment order in his capacity as the Managing Director of the Co-operative Union.
4. The original punishment o
The fairness of adjudication under Section 153 of the Act when the same ranking authority passes the original order of punishment and the Revisional order.
The court emphasized the importance of considering a petition on its merits, especially when filed within the limitation period, and directed the correct authority to do so.
Exhaustion of statutory remedies is essential before seeking judicial review in disciplinary proceedings.
Court upheld the authority's power to review its decisions, emphasizing adherence to procedural justice in employment termination cases under cooperative statutes.
The court affirmed that alternative remedies must be pursued before seeking writ jurisdiction, while allowing for a revision application to address potential injustices.
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