Back
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
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 3rd respondent bank by committing irregularities in the savings accounts of the members for the period from 12.07.1997 to 04.09.2005, there was misappropriation to the tune of Rs 13,23,426/-.
Charge No 2:- By committing irregularities in the fixed deposit accounts there was misappropriation and causing loss to the tune of Rs. 1,15,304/-.
Charge No 3:- Due to the serious misconduct and irregularities, there was a loss to the tune of Rs.56,300/- in the agriculture loan Identity scheme.
Charge No.4:-During the same period by issuing fictitious loans to the members and also failure to discharge the duties there was a loss to the society to the tune of Rs. 1,04, 200/-
Charge No. 5: Duri
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
