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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B.PUGALENDHI
Subramani.P (Died) – Appellant
Versus
Joint Registrar of Co-operative Societies / Chairman of the Common Cadre Authority – Respondent
ORDER :
B. Pugalendhi, J.
This writ has been filed challenging the enquiry notice dated 17.07.2023 issued by the 1st respondent on the ground that the 1st respondent is not competent to issue the enquiry notice as per Rule 3 of the TN Primary Agricultural Cooperative Societies Common Cadre Rules2019.
2.The petitioner was serving as Secretary in the 3rd respondent society since 01.01.1990 and was arrested on 21.11.2012 by the Karur CCIW-CID unit on allegations that he has purchased fertilisers such as urea and DAP from Tamil Nadu Cooperative Marketing Federation (TANFED) under the subsidy scheme for distribution to the members of the society and sold the same to Tamil Nadu News paper Limited (TNPL) at a higher price in connivance with the Special Officer of one Thanthoni Agro Engineering and Service Co-operative Centre Limited and obtained wrongful gain. A criminal case in Crime No.1 of 2011 was registered in connection with the same and is pending before the Judicial Magistrate Court, Karur in CC Nos.358 of 2016 and 359 of 2016.
3.The petitioner was placed under suspension on the above allegations on 21.11.2012 and was issued with a charge memo on 11.05.2013 that the petitioner while s
The main legal point established is that departmental proceedings must adhere to a fair and reasonable procedure, including the establishment's burden to prove charges through evidence and the requir....
The court emphasized the importance of ensuring fair and legal disciplinary proceedings and held that disciplinary actions must be based on valid grounds and not be initiated for collateral purposes.
Disciplinary proceedings vitiate if an inquiry is conducted without serving proper notice to the delinquent, denying the right to cross-examine witnesses and failing to furnish a copy of the inquiry ....
A delinquent employee is entitled to be represented by a legal practitioner in a domestic enquiry, especially when the employer is represented by legally trained persons.
Disciplinary proceedings must adhere to specified regulations; lack of defined misconduct requires clarity for fairness.
Disciplinary proceedings must adhere to rules of natural justice while allowing for reasonable discretion by authorities, particularly regarding witness testimony; dismissal upheld for proven misappr....
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