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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice D.BHARATHA CHAKRAVARTHY
Tiruvannamalai District Central Co-operative Bank Ltd. – Appellant
Versus
Joint Registrar of Co-operative Societies, Tiruvannamalai District – Respondent
ORDER :
The writ petition is filed by the petitioner Bank aggrieved by the order of the Joint Registrar of Cooperative Societies, Thiruvannamalai Region, Thiruvannamalai District dated 25.02.2022, whereby, the revision petition filed by the second respondent Workman was allowed by the Joint Registrar.
2. The brief factual background, in which, this writ petition arises is that the second respondent Gnanamari, who was working as Assistant Manager in the petitioner Bank. While so, a charge memorandum dated 20.02.2020 was issued against her. It is essential to extract the charges against the Second respondent Gnanamari and they read as hereunder:
Details of the Misappropriated funds:
3. Thereafter, disciplinary action continued and by an order dated 05.01.2021, the second respondent was dismissed from service. As against the order of dismissal, the second respondent preferred the revision under Section 153 of the Tamil Nadu Co-operative Societies Act.
4. The first respondent considered the case of the parties. In respect of each of the charges, detail findings are given. Apart from, the fact that the each and every charge has been duly proved in the enquiry, the revisional authority also c
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....
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 court ruled that disciplinary dismissals must adhere to natural justice and have sufficient evidence, particularly when severe penalties are imposed, as seen in cases of clerical errors.
Disciplinary action must align with evidence; disproportionate punishment is not permissible when actions were taken in good faith.
Employee dismissal requires substantial evidence of misconduct; failure to provide independent proof necessitates reconsideration of disciplinary actions.
The court established that an employee must exhaust available administrative remedies before seeking judicial review in cases of dismissal.
The government's waiver of loans does not exonerate an employee from charges of misconduct and financial loss to the society.
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