1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.2315 of 2011 & M.P.(MD).Nos.1 & 2 of 2011 K.M.Rajendiran ... Petitioner Vs. 1.The Joint Registrar, Co-operative Societies, Sivagangai,Sivagangai District. 2.The Special Officer, Consumer Co-operative Wholesale Store, Sivaganga,Sivagangai District. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Certiorarified Mandamus calling for the records of 2nd respondent dated 04.06.2007 vide No.Na.Ka.No.305/K.Pa.Pi and consequential order in No.Na.Ka.4350/2009 Sa.Pa dated 29.09.2009 on the file of the first respondent and quash the same and reinstate the petitioner in his service. For Petitioner :Mr.V.Kannan For Respondents :Mr.B.K.Rajendran for R2 ORDER Mr.M.Govindan Spl.G.P.for R1 The petitioner was a salesman in the second respondent Cooperative Wholesale Store at Sivaganagai. In this writ petition, he has come forward to challenge an order dated 29.09.2009 passed by the first respondent, the revisional authority rejecting his revision filed against the order of dismissal dated 04.06.2007. 2. When the writ petition came up on 28.02.2011, this Court ordered notice of motion. Pending notice, no interim order was granted, though an application was filed to that effect. 3. It is seen from the records that the petitioner was working as a Salesman in the Fair Price Shop at Thirupathur Main, Shop No.6 committed a loss to the Society due to stock deficit and the stock deficit was initially assessed at Rs.29,796/-. Subsequently, it transpires the total stock deficit at Rs.54,304.95. An enquiry was ordered. On the basis of the enquiry, it was found that the petitioner after selling the commodities did not remit the amount to the Society and retained the amount and when charge sheeted, he did not give any explanation. Therefore, he was liable to be terminated. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Subsequent to the termination, the petitioner paid the amount due and shown as shortage of stock. Thereafter, he sent a representation to the respondents seeking for re-consideration and finally, filed a revision under Section 153 of the Tamil Nadu Co-operative Societies Act, before the first respondent, the revisional authority. 5. The contention of the petitioner was that he was inflicted by AIDS (HIV positive) and he has undergone treatment and during the process of his ailment, the shortage took place and he has also mentally affected. However, on treatment, he has completely cured as certified by the Medical Officer, Anti Retroviral Therapy Centre, Government Rajaji Hospital, Madurai. Therefore, he is in fit condition to discharge his work. 6. On the contrary, the revisional authority found that the charge of misappropriation, for which an enquiry was conducted and consequent upon the enquiry, the petitioner having paid the amount did not put forth any defence before the domestic enquiry. Therefore, there was no case made out to refuse the order of dismissal. 7. A perusal of the impugned order would go to show that there are no legal infirmities in the said order which requires a correction by this Court. 8. In view of the above, the writ petition will stand dismissed. Consequently, the connected miscellaneous petitions are closed. No costs. SD ASST REGISTRAR(Crl.Side) /TRUE COPY/ SUB ASST REGISTRAR ikr To 1.The Joint Registrar, Co-operative Societies, Sivagangai,Sivagangai District. 2.The Special Officer, Consumer Co-operative Wholesale Store, Sivaganga,Sivagangai District. 1cc to Mr.V.Kannan, Advocate SR No.40013/11 SB:28/11/2011 2p 4c Order made in W.P.(MD)No.2315 of 2011 & M.P.(MD).Nos.1 & 2 of 2011 https://hcservices.ecourts.gov.in/hcservices/