Madras High Court
The Special Officer vs P.Markkandan ... 1St on 4 February, 2021
W.A.(MD)No.277 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.02.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.277 of 2020
and
C.M.P.(MD)No.1969 of 2020
The Special Officer,
M.P.71, Aranmanaipudur,
Primary Agricultural Co-operative Bank,
Aranmanaipudur,
Theni District. ... Appellant / 2nd Respondent
Vs.
1.P.Markkandan ... 1st Respondent / Petitioner
2.The Joint Registrar of Co-operative Societies,
Theni Region,
Theni. ... 2nd Respondent/2nd Respondent
Prayer : Appeal filed under Clause 15 of the Letters Patent against the order
passed by this Court in W.P.(MD)No.14924 of 2013, dated 16.12.2019.
For Appellant : Mr.V.O.S.Kalaiselvam
For R1 : Mr.P.M.Vishnuvarthanan
For R2 : Mr.J.Gunaseelan Muthaiah
Additional Government Pleader
*****
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W.A.(MD)No.277 of 2020
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
This Writ Appeal has been preferred by the appellant laying a
challenge to the order of the learned Single Judge, who on perusing the record,
was pleased to set aside the order of dismissal passed, as confirmed by
respondent No.2/revisional authority.
2.The learned counsel appearing for the appellant submitted that
respondent No.1/writ petitioner admitted deficiency of the stock, a charge
memo was given after hearing him. He reiterated the same before the revisional
authority. Therefore, the learned Single Judge was wrong.
3.The learned counsel appearing for respondent No.1/writ petitioner
submitted that though the admission with respect to the deficiency cannot be
construed as a misappropriation, the records would reveal that he was having an
ailment of diarrhea and he left the place. It is further submitted that respondent
No.1/writ petitioner has also given a letter to the appellant stating that he would
not even press for back wages, as ordered by the learned Single Judge.
4.The learned Single Judge considered the records while passing
orders. Though it is admitted that there is some deficiency of stock, the
misappropriation cannot be inferred.
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W.A.(MD)No.277 of 2020
5.In such view of the matter, we do not wish to interfere with the
order of the learned Single Judge with respect to reinstatement. This is for the
reason that even otherwise, there is a negligence on the part of respondent No.
1/writ petitioner.
6.Now, the learned counsel appearing for respondent No.1/writ
petitioner submitted that he is not pressing back wages as ordered by the
learned Single Judge and a letter has been given to that effect.
7.In view of the above, the order of the learned Single Judge with
respect to awarding 50% back wages alone is set aside and the order of the
learned Single Judge insofar as it relates to reinstatement of respondent No.
1/writ petitioner stands confirmed.
8.This Writ Appeal is disposed of accordingly. No costs.
Consequently, connected Miscellaneous Petition is closed.
Index :Yes/No [M.M.S.J.,] [S.A.I.J.,]
Internet :Yes 04.02.2021
smn2
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
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W.A.(MD)No.277 of 2020
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
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To
The Joint Registrar of Co-operative Societies,
Theni Region,
Theni.
W.A.(MD)No.277 of 2020
04.02.2021
http://www.judis.nic.in
