K. Gurusamy v. The Registrar of Co-operative Societies & Another
2008-09-17
R.BANUMATHI
body2008
DigiLaw.ai
Judgment :- Petitioner seeks writ of certiorarified mandamus to quash the orders passed by the 2nd respondent in proceedings Na.Ka.7753/99/A1 dated 04.09.2001, and to treat the period of termination from 08.06.1999 to 06.03.2001 as eligible leave and to regularise the intervening period of termination as duty with full pay and to pay the arrears. .2. The Petitioner was working as Senior Inspector of Co-operative Societies and retired from service on 30.06.2001. Deputy Registrar of Co-operative Societies has framed three charges under rule 17(b) of the TNCS (D&A) Rules against the Petitioner in his memo in Rc.No.16134/82/A dated 30.09.1982, for certain lapses noticed on his part while he was working as Senior Inspector/ Branch Manager of the Nilgiris District Plantation Workers Co-operative Credit Society, Gudalur Branch from 011. 1981 to 09.07.1982. The allegation under charge No.1 was that one A. Mohamed Ali, a member of the Nilgiris District Plantation Workers Co-operative Credit Society applied for a jewel loan of Rs.5000/- and pledged the jewels (total 27 items) weighing 53.000 gms and the loan was disbursed to the member on 22.02.1982 under jewel loan No.8961. The payment voucher was passed by the Petitioner. The Petitioner is alleged to have substituted four spurious bangles instead of the 27 items originally and actually pledged by the member. Out of original 27 items pledged by Mohamed Ali 23 items were found to have been repledged by the Petitioner in the name of one Sukumaran. The Petitioner is alleged to have misappropriated to the extent of Rs.5000/-that apart two other charges were also framed against the Petitioner. 3. In respect of allegation No.1, a criminal case was also registered against the Petitioner in C.C.No.18/1984 on the file of Judicial Magistrate No.4 Coimbatore. The trial court convicted the Petitioner and the Petitioner was sentenced to undergo rigorous imprisonment for 6 months and to pay fine and under Sec.409 IPC and Sec.477 (A) IPC. The Petitioner paid the fine of Rs.7000/-. 4. On the basis of conviction of the Petitioner show cause notice in Rc.474/99/A1 dated 25.05.1999 under rule 17(c) of the TNCS (D&A) Rules were served on the Petitioner calling upon him to submit his explanation as to why he should not be dismissed from Government Service. The Petitioner submitted his explanation on 03.06.1999 after considering the case in the proceedings dated 08.06.1999 the Petitioner was removed from Government Service. 5.
The Petitioner submitted his explanation on 03.06.1999 after considering the case in the proceedings dated 08.06.1999 the Petitioner was removed from Government Service. 5. Challenging conviction, Petitioner has filed criminal appeal in C.A.No.26/1999 before the District and Sessions Court, Coimbatore. The conviction was set aside and the Petitioner was acquitted by the judgment dated 28.09.2000. In the mean while Petitioner has preferred appeal against his dismissal of service to the 1st Respondent. By the proceedings dated 27.02.2001, 1st Respondent has set aside the penalty of removal from Government service imposed on the Petitioner. The Petitioner was directed to be reinstated to Government service. Simultaneously the 1st Respondent also directed the 2nd Respondent to proceed further on the charges originally framed by Deputy Registrar of Co-operative Societies under rule 17 (b) TNCS (D&A) for the administrative lapses the Petitioner has been reinstated into Government service by the proceedings dated 07.03.2001. In respect of other charges Petitioner was awarded with Censure by the 2nd Respondent in the proceedings dated 19.06.2001. As the Petitioner was awarded with censure for the proved allegation the period of his absence from the date of dismissal till the date of reinstatement i.e. From 08.06.1999 to 06.03.2001 was treated as leave to which the applicant was eligible or leave on loss of pay. .6. Challenging the order treating the period from 08.06.1999 to 06.03.2001 as leave on loss of pay or as leave, petitioner has filed O.A.No.1941/2004 before the Tribunal and the same is transferred to this court and renumbered as W.P.No.12751/2005. 7. Learned counsel for the Petitioner Mr.S.M.Subramaniam, contended that when the Petitioner was ordered to be reinstated into the service and when only censure was imposed upon the Petitioner, the Petitioner was entitled to the salary for the period 08.06.1999 to 06.03.2001. 8. Heard the learned counsel for the Respondents Mr.N.Senthilkumar, Additional Government Pleader. 9. In respect of two other charges, by the proceeding in Rc.No.3306/2001/A1 dated 19.06.2001, the punishment of censure was awarded to the Petitioner. The Petitioner being a Government servant is governed by TNCS (D&A) rules. When punishment of Censure was awarded to the Petitioner, the Disciplinary authority thought fit to treat the period from 08.06.1999 to 06.03.2001 as leave on loss of pay and the order is in accordance with Applying the principle of "No Work No Pay". The order cannot be said to be illegal or irregular warranting interference. 10.
When punishment of Censure was awarded to the Petitioner, the Disciplinary authority thought fit to treat the period from 08.06.1999 to 06.03.2001 as leave on loss of pay and the order is in accordance with Applying the principle of "No Work No Pay". The order cannot be said to be illegal or irregular warranting interference. 10. In the result the writ petition is dismissed. No order as to costs.