High Court · 2025

W.P.No.27001 of 2013IN THE HIGH COURT OF JUDICATURE AT MADRASCORAM THE HON'BLE MR. JUSTICE RMT.TEEKAA RAMANW.P.No.27001 of 2013and M.P.No.2 of 2013Judgment reserved on 03.02.2025Judgment pronounced on 07.02.2025P.JagadeesanS/o.Periyasamy, Bajanai Koil Street, Belakuppam Village and Post, Tindivanam Taluk, Villupuram District ... Petitioner Vs1. 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 1/11 https://www.mhc.tn.gov.in/judis W.P.No.27001 of 2013Na.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.PrakasamFor R-1 : Mr.S.Ravikumar Special Govt. PleaderFor R-2 : Mr.M.Thirumoorthy, for Mr.L.P.Shanmuga SundaramORDERThe 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.2/11 https://www.mhc.tn.gov.in/judis W.P.No.27001 of 20132. 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 3/11 https://www.mhc.tn.gov.in/judis W.P.No.27001 of 2013me. (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 the 2nd respondent Society and also produced the receipts.4/11 https://www.mhc.tn.gov.in/judis W.P.No.27001 of 20135. The charge No.2 is that the petitioner failed to maintain the fair price shops and thus 100 kgs. sugar were spoiled, due to mixing of kerosene in the said sugar bags and thus the society sustained loss to the tune of Rs.1,350/-, but the same was repaid by the petitioner on the same day itself. The another charge is that the petitioner has gone on unauthorized absent frequently, but due to his illness, he could not able to attend the duty for 15 days during the period from June 2008 to February 2009, details as follows - June 2008 – 07.06.2008, 09.06.2008, 14.06.2008, 16.06.2008 17.06.2008 & 18.06.2008 September 2008 – 10.09.2008 November 2008 – 01.11.2008 & 06.11.2008 January 2009 - 09.01.2009 & 13.01.2009 February 2009 - 07.02.2009, 12.02.2009, 14.02.2009 & 27.02.2009 6. Statutory revision under Section 153 of the Tamil Nadu Co-operative Society was filed by the petitioner and the same was also dismissed on 30.07.2013. Hence, the present writ petition.7. The writ petitioner has already crossed the age of 60 years and 5/11 https://www.mhc.tn.gov.in/judis W.P.No.27001 of 2013he seeks to set aside the termination order passed for the irregularities committed by him. The first charge is with regard to shortage of essential commodities to the tune of Rs.1174/- but the said amount has been duly repaid by him. The enquiry officer has collected the details and extracted in the report and the same was accepted by the disciplinary authority and hence not remitted the amount collected and made a false entry for the fabrication of records to the extent of Rs.2,993/- and thereby misappropriated the funds. The petitioner has remitted the said amount and gave a statement on 12.05.2009 for having remitted the above said amount under Receipt No.605175 and made a false entry and thereby shortage has been corrected to the extent of Rs.4251/- and necessary details has been corrected with regard to essential services and shortage and the same has also been remitted by him on 04.06.2009 to the extent of Rs.4251/- under Receipt No.605186. So also in respect of charge No.4, there was shortage of Rs.1105.40 and the same has also been paid. The enquiry officer have rendered a categorical finding that all the amounts have been misappropriated and shortage on essential commodities services rules has also been filed. Based upon the enquiry, it was found that the charges are proved.6/11 https://www.mhc.tn.gov.in/judis W.P.No.27001 of 20138. The learned counsel for the petitioner would contend that the Secretary is enemical to the petitioner and that he came and inspected the Co-operative Society and he attributed malafide. However, after perusing the enquiry report and also the original impugned order dated 20.08.2009, I find that the entire registers have been tampered and entire stock in respect of sugar, Atta, police rice, police sugar, G.M.Soap, Matchbox, Candle, Sambar Podi, Maida, Atta Flour, Provisions, Toor Dal, 100 kgs. Sugar Bag and 50 Kgs. Rice Bag have been completely manipulated and thereafter details have been executed. Whenever shortage is found, the petitioner availed leave unauthorizedly, as extracted supra. Hence, the Special Officer has passed an order that the petitioner is an habitual offender, based upon the previous conduct of proved charges and punishment which is extracted in the order as under - t/vz;/jw;fhypfgzpePf;fk; bra;ag;gl;l ehs;,th; g[hpe;Js;s KiwnfLfspd; kjpg;g[/ U:tH';fg;gl;l jz;lid tpguk;kPz;Lk; gzpakh;j;jk; bra;ag;gl;l ehs;109/11/200116.800/50Cjpa cah;t[ 2 Mz;LfSf;F jpuz;l gadpd;wp epWj;jk; bra;ag;gl;Ls;sJ/24/06/2002231/07/200410595/00Cjpa cah;t[ 3 Mz;Lfhyk; jpuz;l gadpd;wp epWj;jk; bra;ag;gl;Ls;sJ/23/03/20057/11 https://www.mhc.tn.gov.in/judis W.P.No.27001 of 2013t/vz;/jw;fhypfgzpePf;fk; bra;ag;gl;l ehs;,th; g[hpe;Js;s KiwnfLfspd; kjpg;g[/ U:tH';fg;gl;l jz;lid tpguk;kPz;Lk; gzpakh;j;jk; bra;ag;gl;l ehs;320/09/20061758/06Cjpa cah;t[ 6 khj';fSf;F jpuz;l gadpd;wp epWj;jk; bra;ag;gl;Ls;sJ/23/10/2006428/11/20064128/50jw;fhypf gzp ePf;f fhyk; jz;lid fhyk; Mf Mizaplg;gl;Ls;sJ/03/10/20079(a) Thus, stoppage of increment has been imposed for two years during 2001, stoppage of increment with cumulative effect for three years was ordered in the year 2004; stoppage of increment for six months for the year 2006 and subsequently, he was terminated on 03.10.2007. As per the previous punishment, the petitioner has misappropriated to the tune of Rs.33,282.06 (Rs.16800.50 + Rs.10595 + 1758.06 + 4128.50) and taking note the entirety of the circumstances and previous conduct of the petitioner, disciplinary authority has ordered punishment of dismissal from service. Aggrieved against the said order of termination from service, the petitioner has filed revision petition. 9(b) The revisional authority also perused the enquiry report 8/11 https://www.mhc.tn.gov.in/judis W.P.No.27001 of 2013independently and also found that the petitioner also committed wastage of 100 kgs. Sugar by spillage of kerosene on it and had suppressed the same. The previous confession statement given by him and taking note of the previous conduct of the petitioner, it has been imposed stoppage of increment for four times on 09.11.2001, 31.07.2004, 20.09.2006 & 28.11.2006. The revisional authority also found that there is no positive evidence to show leniency since despite four chances being given to mend his ways, rather petitioner committed the very same offence of misappropriation, most of the case for non-remittance of amount, confirmed the order of termination imposed on the petitioner. Considering the previous conduct and previous punishment, the revisional authority has rightly come to the conclusion that continuing the service of the petitioner as sales man is not conducive of running of public distribution of the ration shop in the larger interest of the public and he has also confessed the shortage of goods, both in his previous disciplinary enquiry as well as in the present disciplinary proceedings. 9/11 https://www.mhc.tn.gov.in/judis W.P.No.27001 of 201310. In the above said circumstances, I find that no leniency could be shown to the petitioner and he has already crossed the age of 60 years. Hence, I find no positive reason to interfere with the order of dismissal made by the authorities. 11. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.07.02.2025rgrIndex : Yes/NoSpeaking/Non-speaking order To1. 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.10/11 https://www.mhc.tn.gov.in/judis W.P.No.27001 of 2013RMT.TEEKAA RAMAN, J.rgrPre-delivery Order in W.P.No. 27001 of 201307.02.202511/11