A party must exhaust available statutory remedies before seeking judicial intervention in service termination cases.

ORDER

The impugned order passed by the second respondent vide proceedings Na.Ka.No.549 /17/E2 dated 21/03/2019, is put under challenge in the present Writ Petition. Further, the petitioner has sought for a direction to the respondents to reinstate the petitioner in service with continuity of service, all attendant benefits and back wages.

2. Heard the learned counsels appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself.

3. The brief facts of the case is as follows:

3.1. The petitioner joined the second respondent Society as Sales Distributor on 31.10.2009 and he was attached to the Triplicane Fair Price Shop. In the year 2017, there was an inspection conducted by the respondents, in which it was found that the essential commodities were sold without proper entries to the tune of Rs.5,231.85, for which a charge memo was issued and thereafter, the petitioner was placed under suspension on 21.07.2017. Despite his explanations to the charge memo, domestic enquiry was conducted and he was terminated from service by the second respondent on 21.03.2019. The petitioner made several representations to the first and second respondent for appropriate reliefs, however all his efforts went in vain. Aggrieved by the same, the present Writ Petition.

4. The learned counsel for the petitioner submitted that the petitioner is ready to pay the alleged excess amount of Rs.5,231.85 along with the penalty amount of Rs.20,150/- to the respondents and prayed for appropriate relief. 5. Per contra, the learned Special Government Pleader submitted that as against the order of the second respondent dated 21.03.2019, appeal remedy is available to the petitioner under Section 153 of the Co-operative Societies Act, without opting the same, the petitioner after lapse of 6 years has approached this Court by way of the present petition and hence, she prayed for dismissal of the petition.

6. In response, the learned counsel for the petitioner submitted that though the impugned order was passed on 21.03.2019, it was not immediately communicated to the petitioner and the petitioner also suffered serious health issues and thereby, was not able to obtain legal opinion to available the remedy and accordingly, prayed for appropriate orders.

7. Considering the facts and circumstances of the case, this Court grants liberty to the petitioner to file a revision application before the first respondent within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of the same, the first respondent shall entertain the petition filed by the petitioner under Section 153 of the Tamil Nadu Co-operative Societies Act and pass appropriate orders on merits and in accordance with law, within a period of 12 weeks therefrom.

8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.