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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR
V. Murugan, S/o.Venkataraman – Appellant
Versus
Additional Registrar Of Co-Operative Societies (Mpd) – Respondent
| Table of Content |
|---|
| 1. accusations of financial misconduct against the petitioner. (Para 1 , 2) |
| 2. petitioner's request for documentation and subsequent disciplinary proceedings. (Para 3 , 4) |
| 3. petitioner's claim of lack of evidence; reliance on enquiry report. (Para 5 , 6) |
| 4. arguments from the respondent's side reinforcing findings against the petitioner. (Para 7 , 8) |
| 5. consideration of the enquiry report and its evidentiary weight. (Para 9 , 10 , 11) |
| 6. court's ruling on the sufficiency of evidence and findings of guilt. (Para 12 , 13) |
| 7. modification of punishment due to mitigating factors. (Para 14) |
| 8. final ruling and modification of dismissal to compulsory retirement. (Para 15) |
ORDER :
HEMANT CHANDANGOUDAR, J.
The challenge in this writ petition is to the order dated 21.08.2009 bearing Na.Ka.No.10865/2005/A2 passed by the second respondent and the order dated 10.01.2014 bearing Na.Ka.No.2466/2010/Sa.Pa.1 passed by the first respondent. By the said orders, the petitioner, who was working as Secretary in the second respondent society, was dismissed from service.
2. The charge memo dated 05.01.2006 issued to the Petitioner reads as follows:
“Charge No 1:- While working as Secretary in the 3r
Employee dismissal requires substantial evidence of misconduct; failure to provide independent proof necessitates reconsideration of disciplinary actions.
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.
The court emphasized that disciplinary actions must obey principles of natural justice, including evidence for charges and payment of subsistence allowance during suspension; non-compliance voids san....
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....
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.
Procedural violations in disciplinary proceedings render removal orders arbitrary and unenforceable, emphasizing the need for fair conduct in evidence presentation.
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