P.PRIYA Vs. DHARMAPURI COOP TOWN BANK LTD
LAWS(MAD)-2019-4-649
HIGH COURT OF MADRAS
Decided on
April 23,2019
P.Priya
Appellant
VERSUS
Dharmapuri Coop Town Bank Ltd
Respondents
Referred Judgements :-
STATE OF U.P. AND ORS. VS. M/S. INDIAN HUME PIPE CO. LTD. [REFERRED TO]STATE OF HIMACHAL PRADESH VS. GUJARAT AMBUJA CEMENT LTD. [REFERRED TO]
K S RASHID AND SON VS. INCOME TAX INVESTIGATION COMMISSION [REFERRED TO]
SANGRAN SINGH VS. ELECTION TRIBUNI KOTAH [REFERRED TO]
UNION OF INDIA VS. T R VARNA [REFERRED TO]
STATE OF UTTAR PRADESH VS. MOHAMMAD NOOH [REFERRED TO]
JAISRI SAHU VS. RAJDEWAN DUBEY [REFERRED TO]
K S VENKATARAMAN AND CO PRIVATE LIMITED VS. STATE OF MADRAS [REFERRED TO]
FIRST INCOME TAX OFFICER SALEM VS. SHORT BROTHERS PRIVATE LIMITED [REFERRED TO]
TRIBHOVANDAS PURSHOTTAMDAS THAKKAR VS. RATILAL MOTILAL PATEL [REFERRED TO]
CO OPERATIVE CENTRAL BANK LIMITED VS. ADDITIONAL INDUSTRIAL TRIBUNAL ANDHRA PRADESH [REFERRED TO]
S L AGARWAL VS. GENERAL MANAGER HINDUSTAN STEEL LIMITED [REFERRED TO]
HIS HOLINESS KESAVANANDA BHARATI SRIPADAGALVARU SHRI RAGHUNATH RAO GANPAT RAO N H NAWAB MOHAMMAD IFTIKHAR ALI KHAN SHETHIA MINING AND MANUFACTURING CORPORATION LIMITED THE ORIENTAL GOAL GO LIMITED VS. STATE OF KERALA:UNION OF INDIA [REFERRED TO]
SUKHDEV SINGH THE OIL AND NATURAL GAS COMMISSION THE L 1 C LIMITED THE INDUSTRIAL FINANCE CORPN EMPLOYEES ASSOCIATION VS. BHAGATRAM SARDAR SINGH RAGHUVANSHI:THE ASSOCIATION OF CLASS II OFFICERS 0 N G C:SHYAM LAL SHARMA:THE INDUSTRIAL FINANCE CORPN [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
RAMANA DAYARAM SHETTY VS. INTERNATIONAL AIRPORT AUTHORITY OF INDIA [REFERRED TO]
AJAY HASIA VS. KHAUID MUJIB SEHRAVARDI [REFERRED TO]
BABAJI KONDAJI GARAD BABASAHEB RAJARAMJI DAMPURIKAR VS. NASIK MERCHANTS CO OPERATIVE BANK LTD [REFERRED TO]
UNION OF INDIA VS. GODFREY PHILIPS INDIA LIMITED :INDIA TOBACCO COMPANY LIMITED :VAZIR SULTAN TOBACCO COMPANY LIMITED [REFERRED TO]
UNION OF INDIA PRITHIPAL SINGH RAM MEHAR RAJ KUMAR DELHI CATTLE BREEDING FARMS PRIVATE LIMITED VS. RAGHUBIR SINGH :UNION OF INDIA [REFERRED TO]
SUNDARJAS KANYALAL BHATIJA PRAHALAD HIRANAND ADVANI VS. COLLECTOR THANE MAHARASHTRA:COLLECTOR THANE MAHARASHTRA [REFERRED TO]
INDIAN OIL CORPORATION LIMITED VS. MUNICIPAL CORPORATION [REFERRED TO]
P KANNADASAN VS. STATE OF TAMIL NADU [REFERRED TO]
PRADIP CHANDRA PATNAIK VS. PRAMOD CHANDRA PATNAIK [REFERRED TO]
CHANDRA PRAKASH VS. STATE OF UTTAR PRADESH [REFERRED TO]
PRADEEP KUMAR BISWAS VS. INDIAN INSTITUTE OF CHEMICAL BIOLOGY [REFERRED TO]
STATE OF BIHAR VS. KALIKA KUER alias KALIKA SINGH [REFERRED TO]
CITY AND INDUSTRIAL DEVELOPMENT CORPORATION VS. DOSU AARDESHIR BHIWANDIWALA [REFERRED TO]
UNITED BANK OF INDIA VS. SATYAWATI TONDON [REFERRED TO]
RATTIRAM VS. STATE OF M PTHROUGH INSPECTOR OF POLICE [REFERRED TO]
SANTOSH DEVI VS. NATIONAL INSURANCE CO LTD [REFERRED TO]
THANIKACHALAM M VS. M A P C M SOCIETY [REFERRED TO]
K MARAPPAN VS. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. CHHABIL DASS AGARWAL [REFERRED TO]
RAJESH VS. RAJBIR SINGH [REFERRED TO]
G.L. BATRA VS. STATE OF HARYANA [REFERRED TO]
MADRAS BAR ASSOCIATION VS. UNION OF INDIA [REFERRED TO]
SANDHYA EDUCATIONAL SOCIETY AND ORS. VS. UNION OF INDIA (UOI) AND ORS. [REFERRED TO]
JUDGEMENT
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(1.)The lis on hand is filed by the wife of an employee of the Cooperative Society, challenging the order passed by the Managing Director of the Dharmapuri Cooperative Town Bank Ltd, dated 31.10.2016, allowing the husband of the writ petitioner to retire from service, without prejudice to the departmental disciplinary proceedings pending against him on the date of his retirement.
(2.)The facts in nutshell, relevant to be considered in the writ petition is that, the husband of the writ petitioner who was holding the post of Assistant in the respondent Cooperative Society was not allowed to retire from service on the date of his retirement on 31.10.2016, on account of the fact that, the departmental disciplinary proceedings initiated against him was pending.
(3.)The writ petitioner states that, her husband was employed as Assistant in the Cooperative Society in the loan sanction department. On 15.02.2002, he was deputed to work as Cashier, for one day, since the permanent incumbent was on leave. On that day, the deceased husband of the writ petitioner made payment to the tune of Rs.60,000/- by way of a cheque, which came to him after duly cleared for payment by the higher officials. Neither before 15.02.2002, nor after that date, the deceased employee served as a Cashier in the Cooperative Society. Subsequently, it was identified as a lapse and the payment made was irregular. An enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act was ordered and the Enquiry Officer submitted his report. Based on the final report, actions were initiated to compensate the financial loss occurred to the Cooperative Society/respondent.
(2.)The facts in nutshell, relevant to be considered in the writ petition is that, the husband of the writ petitioner who was holding the post of Assistant in the respondent Cooperative Society was not allowed to retire from service on the date of his retirement on 31.10.2016, on account of the fact that, the departmental disciplinary proceedings initiated against him was pending.
(3.)The writ petitioner states that, her husband was employed as Assistant in the Cooperative Society in the loan sanction department. On 15.02.2002, he was deputed to work as Cashier, for one day, since the permanent incumbent was on leave. On that day, the deceased husband of the writ petitioner made payment to the tune of Rs.60,000/- by way of a cheque, which came to him after duly cleared for payment by the higher officials. Neither before 15.02.2002, nor after that date, the deceased employee served as a Cashier in the Cooperative Society. Subsequently, it was identified as a lapse and the payment made was irregular. An enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act was ordered and the Enquiry Officer submitted his report. Based on the final report, actions were initiated to compensate the financial loss occurred to the Cooperative Society/respondent.
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