Lordship m s ramesh sets aside dismissal of co-op society employee
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CITY
HC sets aside dismissal of co-op society employee
TNN | Jan 1, 2020, 04:37 IST
TNN
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Madurai: Setting aside the dismissal order of a saleswoman at a co-operative society, the Madras high court directed the authorities concerned to reinstate the petitioner, who was dismissed on charges of misappropriation, citing that the co-delinquent in the case was reinstated back in service based on the earlier order of this court.
The petitioner, Jeyachitra, and another woman Sheela Devi were working as sales women at the Pullampadi primary agricultural cooperative credit society (PACCS) limited in Trichy. They were placed under suspension for misappropriation from the cooperative society and a criminal case was also registered against them in 2016.
Following these charges, the president of the society imposed a punishment of stoppage of increment for one year on the duo. After remitting back the amount which was misappropriated, the petitioner submitted a representation to the authorities concerned seeking to revoke her suspension. However, an order dated June 16, 2017, dismissed her from service. In the meantime, both were acquitted from the criminal case by a lower court.
On perusal of submissions made by either side, Justice M S Ramesh observed that since Sheela was reinstated by a court order in 2018, the same would squarely apply for the petitioner.
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“Originally the petitioner was imposed with the punishment of stoppage of increment for the period of one year and subsequently the order of dismissal was passed. A perusal of the dismissal order does not reveal the fact that the earlier punishment of stoppage of increment for a period of one year was recalled or set aside. Without doing so, the petitioner cannot be subjected to two punishments and the same is illegal,” observed the judge.
Hence, the judge set aside the dismissal order and directed the authorities concerned to reinstate the petitioner to service with all consequential and monetary benefits.
