IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.12.2025 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR P. Nambi ..Petitioner Vs

1.The President (Representing the Board of Directors)

Tamil Nadu Handloom Weavers Cooperative Society Pantheon Road, Egmore, Chennai.

2.The Managing Director, Tamil Nadu Handloom Weavers Cooperative Society Pantheon Road, Egmore, Chennai.

3.The Regional Manager Regional Office, Tamil Nadu Handloom Weavers Cooperative Society Ltd., No.204, Udyog Mandhir No.2, 7-C, Pitamber Lane, Mahin (West)

Mumbai-400016. ..Respondents Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order Na.ka. No. A/A3/2016 dated 21.12.2016 of the 2^nd respondent communicating the resolution of the Board Meeting held on 26.10.2016 presided by the 1^st respondent confirming the proceedings RC.No.A/2015/A3 dated 26.10.2015 of the 2^nd respondent and quash the same as null and void and consequentially directing the respondents to pay all the retirement benefits to the petitioner and pass such further or other orders.

For Petitioner : Mr. C. Venkatesan For Respondents : Mr. M. Muthusamy, GA – R1 & R3 Mr. K. Rangesh For Mr. Jayaraman. M- R2

O R D E R

The captioned writ petition has been filed seeking the issuance of a writ of certiorarified mandamus to quash the order dated 21.12.2016 passed by the 2nd respondent in Na.Ka.No. A/A3/2016, communicating the resolution of the Board Meeting held on 26.10.2016 presided over by the 1st respondent, confirming the proceedings in R.C. No. A/2015/Ad dated 26.10.2015 of the 2nd respondent, and consequently to direct the 2nd respondent to pay all retirement benefits. By the impugned order, the petitioner, who was working as Senior Assistant, has been dismissed from service.

2. While the petitioner was working as Senior Assistant in the 3rd respondent–Institution, he was issued with a charge memo dated 22.04.2014.

The charge memo reads as follows:

i. That he colluded with showroom staff and misappropriated a sum of Rs. 8,86,206.04 by manipulating the accounts.

ii.That he swindled the State Society funds to the tune of Rs.

9,74,064.86 by manipulating the NOR Account.

iii.That he deliberately failed to discharge his duties and responsibilities in maintaining the NOR Account properly and committed serious and grave misconduct over the years.

iv.That he destroyed/misplaced the parallel records of the Regional Office pertaining to the years 2008–2009 (except March 2009) and

2012–2013.

v. That he committed a breach of trust.

3. The petitioner submitted an explanation denying the allegations vide reply dated 03.06.2014. As the explanation was found unsatisfactory, an Enquiry Officer was appointed. After conducting the enquiry, the Enquiry Officer submitted a report holding that the charges against the petitioner were proved. Thereafter, the petitioner was issued a second show cause notice, to which he submitted his reply. The 2nd respondent thereafter passed an order dismissing the petitioner from service, which was confirmed by the Appellate Committee under Chapter IV, Section 10 of the Co-Optex Code of Conduct.

Aggrieved by the same, the present writ petition has been filed.

4. Learned counsel for the petitioner, assailing the impugned order, submitted that the Enquiry Officer concluded that the charges were proved solely on the basis of the depositions of employees who worked in the Chembur and Rajiniketan showrooms, who stated that they had given amounts which were allegedly misappropriated by the petitioner. He further submitted that the disciplinary authority failed to independently apply its mind and arrive at a conclusion regarding the proof of charges after considering the explanation offered by the petitioner. This, according to him, vitiates the order for failure to pass a speaking order and amounts to violation of the principles of natural justice.

5. Per contra, learned counsel for respond