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S. M. SUBRAMANIAM
G. 1836, Kayapakkam Primary, Agricultural Co-operative Credit Society, Rep. by President (In-charge) R. Kanagaraj, Kanchipuram – Appellant
Versus
Joint Registrar of Co-operative Societies, Kanchipuram – Respondent
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the Impugned Order dated 14.07.2016 passed in Na.Ka.No.6772/2015/Sa.pa. on the file of the 1st respondent herein, quash the same in so far as it relates to the punishment modified on the 2nd respondent herein is concerned.)
1. The relief sought for in the present writ petition is to call for the records relating to the Impugned Order dated 14.07.2016 passed in Na.Ka.No.6772/2015/Sa.pa. on the file of the 1st respondent and quash the same in so far as it relates to the punishment modified on the 2nd respondent.
2. The writ petitioner is G.1836, Kayapakkam Primary Agricultural Co-operative Credit Society. The second respondent was working as Clerk and was given additional Charge as Sales Man in Chinna Kayappakkam Village Fair Price Shop. Based on the complaint received from the general public, the second respondent/employee was placed under suspension on 18.09.2014. A charge memorandum dated 16.10.2014 was issued to the 2nd respondent, framing six charges against him. The charges against the writ petitioner are:
(i) that he did not p
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.
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 dismissal from employment based on proven misappropriation and habitual misconduct is justified under the Tamil Nadu Co-operative Societies Act.
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....
Removal from service upheld for postal employee's admitted misappropriation of public funds; loss of confidence paramount over amount involved – no judicial interference on sympathy or proportionalit....
Employment law requires that disciplinary action for severe misconduct, such as misappropriation and forgery, must be commensurate with the offenses committed, prioritizing accountability over rehabi....
An order of dismissal or removal from service can only be passed when an employee is in service. If a person is not in employment, the question of terminating his services ordinarily would not arise ....
The court confirmed the validity of termination due to substantiated charges of misconduct and financial irregularity, emphasizing integrity in public service.
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