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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR
R. Mani, S/o. S. Ramalingam – Appellant
Versus
Secretary Cooperation, Food and Consumer Protection Department – Respondent
ORDER:
HEMANT CHANDANGOUDAR, J.
The challenge in this writ petition is to the order dated 16.12.2008 bearing Reference No.4130/06/2008/A1 passed by the third respondent, the order dated 26.02.2010 bearing Reference No.450/2009/C2 passed by the second respondent – the Revisional Authority under Section 153 of the Tamil Nadu Cooperative Societies Act, 1983, and G.O.Ms.No.117, Cooperation, Food and Consumer Protection (CP1) Department, dated 10.07.2013 passed by the first respondent. By the order dated 16.12.2008, the petitioner was dismissed from service on account of the proved charges, which was subsequently confirmed by the Appellate Authority as well as the Revisional Authority.
2. The petitioner, while working as an Assistant in the Anna Salai Branch of the Central Cooperative Bank, Chennai, was issued with a charge memo. The charge memo dated 20.07.2007 framed against the petitioner reads as follows:
“Charge No.1: Thiru M.R. Mani, formerly Assistant, Anna Salai Branch, failed in his duty to timely reconcile the books of accounts of the Anna Salai Branch. On 30.05.2006, a salary amount of Rs.7,077/- was wrongly credited as Rs.7,707/-, resulting in an excess credit of Rs.630/-.
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Disciplinary proceedings must adhere to procedural rules, and inconsistent penalties for similar offenses are impermissible under principles of natural justice.
Disciplinary proceedings must adhere to principles of natural justice and require cogent evidence; failure of the authority to produce documents and examine witnesses invalidates the outcome.
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....
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