Disciplinary removal must be supported by evidence and a reasoned order; non-speaking orders failing to consider inquiry reports are quashed.

ORDER :

This Writ Petition is filed, seeking to quash removal of petitioner from service passed by the 5^th respondent dated 29.07.2021, which is further confirmed by the 6^th respondent on 31.08.2021 and consequently reinstate him into service with all back wages.

2. The petitioner was selected and appointed to the post of Attender on 12.02.1987 on compassionate ground in the 6^th respondent office. He was further promoted to the post of Junior Assistant in the year 1996 and he served in the said post till 24.07.2019. The 6^th respondent Society is formed to purchase raw honey and other bee products from its members and convert them into finished products and resale the same to his members. The processing unit of the Society is available within the premises of the Society and the finished goods were ordinarily kept at Door No.24/39A, 24/39B and 24/39B1 of Kulithurai Municipality. The raw honey and bee products used were normally stored in drums, canes and bottles and were preserved in the said premises. All the products including the buildings and godowns of the Society is insured with the United India Insurance Company Limited. On 04.05.2014, in a Sunday evening, due to heavy rainfall, the adjacent YMCA building wall collapsed and fell over the godown of the 6^th respondent Society where the honey was stocked in drums and canes at Door No.24/39B, new No.24/209 of Kulithurai Municipality. The building of the godown was totally collapsed and the honey stored in 22 drums were completely damaged. Each drum had a quantity of 630 kilograms of honey, as such a total quantity of 13,680 kg of honey was completely damaged. The same was informed to the Board of Directors and the Board of Directors in turn informed to the Assistant Director of Kadhi Village Industries, Nagercoil, and the insurance company, namely, United India Insurance Company Limited, with which the Society has insured the building and by- products, for compensation. Following which, the Insurance Surveyor and Loss Assessor of the said insurance company visited the spot and assessed the damaged and further sold the damaged goods in public auction on 12.05.2014, after causing public notice for a sum of Rs.2,10,420/-. The damaged drums were sold for a sum of Rs.4,620/-. The insurance official sold 1 kilogram of honey for a sum of Rs.83.50/-, when the cost was at Rs. 130/- per kilogram. Further on 05.05.2014, the third respondent wrote a letter to the first respondent recommending the case as one of nil loss as caused by the Board of Directors and the same happened only as a result of natural calamity. By yet another letter dated 10.11.2014, the third respondent made a recommendation in similar lines to the first respondent. Even after payment made by the insurance company, the Society sustained a loss of Rs.21,48,342/-, for which the Society filed a suit in O.S.No.104 of 2014 on the file of learned District Judge, Nagercoil, Kanyakumari, as against the insurance company.

3. While so, proceedings under Section 81 of the Tamil Nadu Cooperative Societies Act , 1983, were initiated against the Board of Directors on the basis of certain complaints given by certain members of the Society. Section 81 enquiry was commenced as against 16 members of the Society. An enquiry officer was appointed in this regard and the enquiry officer after conducting an enquiry held that the board members have caused a loss of Rs.42,270/- to the Society and recommended that the Board should be dissolved under Section 80 of the Tamil Nadu Cooperative Societies Act , 1983. In the meanwhile, election notification for the sixth respondent Society was notified for the election to be held on 07.05.2018. In the interregnum, few members moved a Writ Petition before this Court in W.P.(MD)No.10617 of 2018 and managed to get an interim order in their favour, as a result of which, the counting of votes and results of election was stalled. The Writ Petition was transferred to the Special Committee for election dispute