Madras High Court
The Deputy ... vs K. Gopal on 23 September, 2021
W.A. No. 1958 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE A.A. NAKKIRAN
W.A. No. 1958 of 2021
&
C.M.P. No. 12647 of 2021
The Deputy Registrar/Administrator,
S-439, Salem Agricultural Producers
Co-op. Sales Society, Salem. ..Appellant
Vs.
1. K. Gopal
2. The State of Tamil Nadu rep. by
Joint Registrar of Co-operative Societies,
Salem Region, Salem. ..Respondents
Prayer: Writ Appeal as against the order dated 19.04.2021 passed in
W.P. No. 8981 of 2015.
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W.A. No. 1958 of 2021
For Appellant :: Mr.L.P. Shannmugasundaram
For Respondents :: Ms.S.T.P. Kuilmozhi for R1
Mr.K. Tippu Sultan,
Govt. Advocate for R2
JUDGMENT
(Judgment of the Court was delivered by S. VAIDYANATHAN,J.)
The present writ appeal has been preferred as against the order dated
19.04.2021 passed in W.P. No. 8981 of 2015.
2. For the shortage of goods, in a fair price shop, which was
within the permissible limits, departmental proceedings were initiated
against the 1st respondent/writ petitioner, who was employed as a Saleaman
in the said shop attached to the appellant Society and punishment of
dismissal from service was imposed, challenging which the writ petition
came to be filed and after hearing the rival submissions and considering the
materials on record, the writ petition came to be allowed. Challenging the
same, the present writ appeal has been filed by the Society.
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3. According to the learned counsel for the appellant, the learned
Single Judge ought not to have interfered with the dismissal order when
there had been shortage and that the question of disproportionateness of the
punishment imposed ought not to have been gone into when the past record
of the employee was bad, as he had committed many irregularities and got
punishment five times, apart from contending that the learned Single Judge
had erred in holding that the punishment imposed amounts to double
jeopardy.
4. On the other hand, according to the learned counsel for the 1st
respondent/writ petitioner, the writ petitioner has not committed any
misconduct. Though there was shortage of goods, it was only minimal and
as per the circular dated 04.08.2008 issued by the Society, if the value of
shortage of goods is more than Rs.2000/- in respect of essential
commodities and the value of shortage of goods is more than Rs.5000/- in
respect of uncontrolled and Special PDS Commodities, then the employee
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W.A. No. 1958 of 2021
has to be dismissed temporarily from service. The relevant portion, in this
regard, found in the order dated 29.09.2014 passed by the Joint Registrar,
Salem reads thus:
“3/ bghJ tpepnahf jpl;lk; rPuhft[k; brk;ikahft[k;
eilbgw ntz;Lk; vd;gjw;fhf muRk;. Tl;Lwt[
r';f';fspd; khepy gjpthsh; mth;fSk; mt;tg;nghJ
Mizfs; kw;Wk; Rw;wwpf;iffs; K:yk; mwpt[Wj;Jthh;fs;/
bghJ tpepnahf jpl;lk; 100 rjtpfpjk; rhpahf ,Uf;f
KoahJ vd;gij khepy gjpthsh; mth;fns
czh;e;Js;sjhy; khepy gjpthsh; mth;fspd; Rw;wpf;if e/f/
ehs; 04/08/2008d;go epahatpiyf; filfspy; mj;jpahtrpag;
bghUs;fspy; U:/2000/-f;F nkw;gl;L ,Ug;g[ Fiwt[
,Ue;jhYk; fl;Lg;ghlw;w kw;Wk; rpwg;g[ bghJtpepnahf jpl;l
bghUs;fspy; U:/5000/- f;F nkw;gl;L ,Ug;g[ Fiwt[
,Ue;jhYk; mg;gzpahsiu jw;fhypf gzp ePf;fk; bra;a
ntz;Lk; vdj; bjhptpf;fg;gl;Ls;sJ/////@
Relying on the above portion, the learned counsel for the 1 st
respondent/writpetitioner would submit that as the value of deficit of goods
was found to Rs. 346.60 in respect of essential commodities and Rs.2200.55
in respect of uncontrolled commodities and the said amount had also been
paid by the 1st respondent/writ petitioner, the punishment of dismissal from
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W.A. No. 1958 of 2021
service imposed by the appellant Society is improper and the learned Single
Judge was right in holding that the punishment of dismissal was harsh.
5. Heard both parties.
6. It is not in dispute that the there was a circular dated
04.08.2008 (extracted supra) pertaining to shortfall that if the deficit of
goods is within permissible limits, the same could be condoned by the
Department. The limit of shortfall has been fixed at Rs.2000/- for essential
commodities and Rs.5000/- for other items. Insofar as the 1st
respondent/writ petitioner is concerned, the shortage found was to an extent
of 346.60 pertaining to essential commodities and Rs.2200.55/- with regard
to other items. The writ petitioner has paid the amount. Eventhough the
writ petitioner was held responsible for the deficiency, the capital
punishment of dismissal from service is harsh, though we are not in
agreement with the observation of the learned Single Judge that it amounts
to double jeopardy. The Management did not produce any evidence to show
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W.A. No. 1958 of 2021
that the past record of the 1st respondent/writ petitioner was bad and as per
the judgment of the Guwahati High Court in Workmen of Tanganagaon
Tea Estate V. Managment of Tanganagaon Tea Estate and others
reported in 1987 II LLJ 491, unless the punishment imposed is preceded
by an enquiry, such punishment cannot be taken as past record. The
relevant portion of the said judgment is extracted hereunder:
“14. It is a fundamental principle of justice that
punishment should be commensurate with the guilt.
'Judex acquitatem semper spectare debot: a Judge
ought always to have equity before his eyes'
.... As regards antecedents, unless the workman
was earlier punished after disciplinary enquiry, no
inference of guilt could be normally drawn.”
In this case, for the alleged shortfall, the Department has issued a
circular dated 04.08.2008 to condone and that the said deficiency is well
within the permissible limits and therefore, the capital punishment of
dismissal from service has to be interfered with, as rightly done by the
learned Single Judge. Further, the order of the learned Single Judge in
denying the backwages to the 1st respondent/writ petitioner from the date of
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W.A. No. 1958 of 2021
dismissal is upheld. The writ petitioner is entitled to be reinstated with all
benefits and the entire period of service will be taken into account for the
purpose of continuity of service except backwages. The writ appeal stands
dismissed. No costs. Connected C.M.P. is closed.
(S.V.N.J.) (A.A.N.J.)
nv 23.09.2021
To
The Joint Registrar of Co-operative Societies,
Salem Region, Salem.
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W.A. No. 1958 of 2021
S. VAIDYANATHAN,J.
AND
A.A. NAKKIRAN,J.
nv
W.A. No. 1958 of 2021
23.09.2021
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