IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.06.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA

C.M.S.A. No.39 of 2003

K.Avinasiappan

... Appellant

-vs-

1.The Sub Registrar of Co-operatives Societies,

Avinashi.

2.K.2019, Thekkalur Primary

Agricultural Co-op. Bank

Thekkalur, rep. by its

Special Officer.

3.A.Angathal

... Respondents

(3^rd respondent has filed separate appeal hence she is given up)

Prayer: Civil Miscellaneous Second Appeal filed under

Section 152(1) of Tamil Nadu Co-op. Society Act r/w 100 of

C.P.C. against the judgment and decree dated 03.09.2002 made in

Co.op. C.M.A. No.177 of 2001 on the file of the Special

Tribunal, Co-operative Societies cum District Court, Coimbatore,

confirming the award dated 07.08.2001 made in case No.1/2001 on

the file of Sub Registrar, Co-operative Societies, Avinashi.

For Appellant

: Mr.R.Babu

For Respondents: Mr.T.M.Pappiah,

Special Government Pleader

for R1

Mr.K.Sathish for

Mr.N.Umapathi for R2

R3-given up

JUDGMENT

The Civil Miscellaneous Second Appeal has been directed

against the impugned judgment and decree dated 03.09.2002 made

in Co.op. C.M.A. No.177 of 2001 passed by the Special Tribunal,

Co-operative Societies cum District Court, Coimbatore,

confirming the award dated 07.08.2001 made in Case No.1/2001 on

https://hcservices.ecourts.gov.in/hcservices/

the file of the Sub Registrar, Co-operative Societies, Avinashi.

2.Learned counsel appearing for the appellant would submit

that the the appellant was the first defendant, who was working

as a Secretary of the second respondent namely, K.2019,

Thekkalur Primary Agricultural Co-op. Bank, Thekkalur, from

30.10.1970 to 09.01.1998 and due to an allegation of mis-

appropriation and mis-conduct said to have been committed by

him, he was dismissed from service on 29.09.1999. Learned

counsel appearing for the appellant would further submit that

one Angathal, the third respondent herein, who is the wife of

the appellant, was appointed as Sales Woman on 28.09.1983 and

she was working till 13.07.1999 in the second respondent Co-

opetaive Bank as a Fertiliser Sales Woman. Therefore, she was

also drawing salary for the post of Fertiliser Sales Woman, but

the case of the second respondent Bank was that A.Angathal was

appointed only as a Sales Woman and taking advantage of the fact

that her husband was working as a Secretary, in order to gain

illegal benefit, they have corrected a resolution in the Minutes

of the Bank as if Angathal was appointed as a Fertiliser Sales

Woman and as a result excess payment was drawn to which she was

not eligible.

3.Learned counsel appearing for the appellant would further

contend that after enquiry, it was found that A.Angathal was

appointed only as a Sales Woman, but claimed salary for the post

of Fertiliser Sales Woman. When the said Angathal has not even

completed 5^th std., as the educational qualifications were 5^th

std. and 10^th std. pass respectively for the post of Sales Woman

and Fertiliser Sales Woman, the appellant, who is the husband of

said Angathal, could not have taken special efforts to tamper

the minute records of his wife thereby causing financial loss to

the second respondent Bank. Therefore, he prayed for allowing

the appeal.

4.Learned counsel appearing for the second respondent Bank

would submit that the appellant was issued with a charge memo

for various irregularities including mis-appropriation committed

on the Bank and after due enquiry, he was dismissed from service

by order dated 29.09.2009. Aggrieved thereby, he also filed a

Revision Petition challenging the order dated 29.09.1999 before

the Joint Registrar of Co-operative Societies, which confirmed

the order of dismissal, by order dated 12.04.2001 and the appeal

filed against the order of the Joint Registrar was also

dismissed by the Government in G.O. Ms. No.3D No.88 dated

13.09.2002.