IN THE HIGH COURT OF JUDICATURE AT MADRAS
RMT.TEEKAA RAMAN, J
P.Jagadeesan – Appellant
Versus
1. The Joint Registrar of Co-op. Societies, Villupuram Region, Villupuram – Respondent
W.P.No.27001 of 2013
| Table of Content |
|---|
| 1. facts surrounding termination and repayment of charges. (Para 2 , 4 , 5) |
| 2. judicial scrutiny of evidence and findings. (Para 3 , 7) |
| 3. discussion of the procedural integrity and prior conduct. (Para 8) |
| 4. final determination on the validity of termination. (Para 10) |
IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE MR. JUSTICE RMT.TEEKAA RAMAN W.P.No.27001 of 2013 and M.P.No.2 of 2013 Judgment reserved on Judgment pronounced on
03.02.2025 07.02.2025 P.Jagadeesan S/o.Periyasamy, Bajanai Koil Street, Belakuppam Village and Post, Tindivanam Taluk, Villupuram District ... Petitioner Vs
1. The Joint Registrar of Co-op. Societies, Villupuram Region, Villupuram
2.The Special Officer (now President)
CL SPL 111, Vada Alapakkam Primary Agricultural Coop. Credit Society, Vada Aalapakkam Village & Post, Tindivanam Taluk, Villupuram District. ... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings in Na.Ka.No.7524/2012/Sa.Pa. Dated 30.07.2013 whereby confirming the order passed by the 2nd respondent in his proceedings Na.Ka.No.1/2009/SO dated 20.08.2009 and quash the same and consequently direct the respondent to reinstate the petitioner into service with all attendant benefits and monetary benefits.
For Petitioner : Mr.C.Prakasam For R-1 : Mr.S.Ravikumar Special Govt. Pleader For R-2 : Mr.M.Thirumoorthy, for Mr.L.P.Shanmuga Sundaram
ORDER
The above writ petition has been filed praying for a writ of certiorarified mandamus calling for the records relating to the impugned order passed by the 1st respondent in his proceedings in Na.Ka.No.7524/2012/Sa.Pa. Dated 30.07.2013 whereby confirming the order passed by the 2nd respondent in his proceedings Na.Ka.No.1/2009/SO dated 20.08.2009 and quash the same and consequently direct the respondent to reinstate the petitioner into service with all attendant benefits and monetary benefits.
2. The necessary service matrix of the petitioner is that the petitioner was appointed as Salesman in the 2nd respondent society in the year 1995. He was suspended from service in the year 2009 and subsequently, charges have been framed, enquiry was conducted and he was terminated from service on 20.08.2009 by the 2nd respondent for the irregularities committed by him.
3. Heard the learned counsel for the petitioner as well as the second respondent and the learned Special Govt. Pleader appearing for the first respondent and perused the records.
4. The petitioner was appointed as Salesman in the 2nd respondent society in the year 1995. While he was discharging his duties as salesman, he was suspended from service in the year 2009 and subsequently, he was terminated from service on 20.08.2009 by the 2nd respondent for the alleged irregularities committed by him stating that he -
(i) caused shortage in the essential commodities articles in my fair price shop and I raised bogus bills in the public distribution system and caused loss to the society to the tune of Rs.1,174/-, but the said amount has been duly repaid by me.
(ii) That when the fair price shop was inspected by the Secretary of the 2nd respondent Society on 05.02.2009, there was shortage to the tune of Rs.2,993/- in respect of non-control items, but the same was duly repaid by the petitioner.
(iii) On 05.02.2009, the Secretary of the 2nd respondent Society found that there was shortage in the essential articles to the tune of Rs 4,251/-, but on the same day the sale proceed amount of Rs.4,251/- has been duly paid by the petitioner and the receipt was also produced before the 2nd respondent.
(iv) Another charge was that on the same day, the Secretary of the 2nd respondent Society found that the petitioner has not remitted to the tune of Rs.1,176/- for sale proceed amount of empty gunny bags, but on the same day that was remitted by the petitioner in th
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