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S. M. SUBRAMANIAM
K. Manikandan – Appellant
Versus
Joint Registrar, Office of Co-Operative Societies, District Collector Office Campus, Vellore – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the entire records of the Impugned Order dated 25.06.2015 in Review Petition Na.Ka.9825/2014 A2 & Review Petition No.24/2014 A2 passed by the 1st Respondent and quash the same and consequently direct the 1st Respondent to reinstate the Petitioner in the post of Sales Man.)
1. The order of termination issued against the writ petitioner, which was confirmed by the Revisional Authority under Section 153 of the Tamil Nadu Co-operative Societies Act, in proceedings dated 25.06.2015 is under challenge in the present writ petition.
2. The petitioner was appointed as Salesman on compassionate ground, consequent to the death of his father, who served in the 2nd respondent / Co-operative Society. The petitioner states that one Mr.Sekar and his Son Rajasekar residing in the same village, abused the petitioner and he has given a Police Complaint. When the enquiry was going on in the Kaveripakkam Police Station, the President of the 2nd respondent / Cooperative Society sent a memo on 03.05.2014 and meanwhile, the petitioner states that he agreed to com
The dismissal from employment based on proven misappropriation and habitual misconduct is justified under the Tamil Nadu Co-operative Societies Act.
The court confirmed the validity of termination due to substantiated charges of misconduct and financial irregularity, emphasizing integrity in public service.
The petitioner must exhaust further remedies under the Tamil Nadu Co-operative Societies Act, including facing the pending criminal case and approaching the Reviewing Authority under Section 154 for ....
The distinct standards of proof required under different legal frameworks, such as criminal law and departmental disciplinary proceedings, and the independent nature of departmental disciplinary proc....
The standard of proof required under the Co-operative Societies Act is distinct and different from that required under Criminal Law, and preponderance of probabilities suffices for punishment under t....
The main legal point established in the judgment is the appropriateness of the punishment for misappropriation of funds and the reluctance to reduce punishment based on misplaced sympathy.
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