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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.SARAVANAN, J
R. Sivabalan, S/o. Rajamanickam – Appellant
Versus
Joint Registrar of Co-operative Societies, Villupuram Region, Villupuram – Respondent
ORDER :
In this Writ Petition, the petitioner has challenged the Impugned Order dated 07.08.2013 of the 1st respondent passed under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as “the Act”).
2. By the Impugned Order dated 07.08.2013, the 1st respondent has affirmed the Order dated 16.02.2013 of the 2nd Respondent Society terminating the service of the petitioner from the 2nd Respondent Society. Operative portion of the Impugned Order dated 07.08.2013 reads as under:-
3. In the background of the Order dated 16.02.2013 of the 2nd Respondent Society terminating the service of the petitioner from the 2nd Respondent Society is a surcharge proceeding under Section 87 of the Act initiated against the petitioner and a Charge Memo dated 22.02.2012 issued to the petitioner under the provisions of the Tamil Nadu Co-operative Societies Rules, 1988 applicable to the 2nd Respondent Society.
4. The aforesaid Charge Memo dated 22.02.2012 was issued to the petitioner in the light of the purported/perceived loss suffered by the 2nd Respondent Society for a sum of Rs.1,03,513.75/- on account of the alleged failure of the petitioner to take interests of the 2nd
Disciplinary actions must be proportionate to the misconduct, and arbitrary termination without fault is impermissible.
A party must exhaust available statutory remedies before seeking judicial intervention in service termination cases.
Point of law: it is clear that, to pass surcharge order under Section 87 of the Act, appellants should have done an actionable wrong either by commission or omission in a deliberate and reprehensible....
The court confirmed the validity of termination due to substantiated charges of misconduct and financial irregularity, emphasizing integrity in public service.
Failure to appear for enquiries despite notices being issued can preclude a party from raising objections regarding violation of natural justice principles and non-consideration of material documents....
Liability in surcharge proceedings must be determined based on individual employee involvement during the relevant period, not collectively.
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