IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF APRIL, TWO THOUSAND NINE ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6998 of 2009 Between: Sri T.Papaiah. … Petitioners And The Kurnool District Milk Producers Mutually Aided Co-operative Union Limited, Nandyal, Kurnool District, reptd., by its Chairman and another … Respondents Counsel for the petitioners: Sri K.Buchi Babu. Counsel for the respondents: None. This Court made the following: ORDER: This Writ Petition is filed for a Writ of Mandamus to set aside proceedings dated 5-1-2008 issued by the Chairman of respondent No.1-Society, whereby he confirmed order dated 31-8-2006 passed by the Managing Director of the said Society. Heard Sri K.Buchi Babu, learned counsel for the petitioner, and perused the record. The petitioner was a Junior Store Keeper of respondent No.1-Society. At the relevant time he worked in Rayachoti Branch. Disciplinary proceedings were initiated against him for various omissions and commissions on his part. As many as seven charges were framed against him, which, to the extent relevant, read as under: “ Charge No.1: Non-payment of sale proceeds of Rs.2,84,518/- by the Stockist, Rayachoti due to negligence of Sri T.Papaiah. Charge No.2: Rs.25,269/- due from stockist- T.Sundupalli of which Rs.4,793/- was utilized by Sri T.Papaiah and allowed the transport contractor to use Rs.6,165/- for diesel and the balance due from the stockist remained uncredited. Charge No.3: As many as 542 tubs are missing. Charge No.4: Shortage of Cans: 115 Cans are missing worth Rs.64,400/-. Charge No.5: Shortage of tubs, already covered under charge No.3. Charge No.6: Sale proceeds of T.Sundupalli Rs.7,643/- used by him. Charge No.7: Non-remitting Kadiri sale Rs.1,273/- and Rs.831-75, total Rs.2,204-75”. The enquiry officer conducted enquiry and submitted his reports dated 4-5-2005 and 1-10-2005. He found the petitioner guilty of charges 1 to 4 and exonerated him of charges 5, 6 and 7. The Board of respondent No.1, in its meeting held on 30-8-2005 decided to terminate the services of the petitioner with effect from 1-9-2006 and recover the sum of Rs.3,46,358/- from the petitioner subject to the condition that if he remits the sale proceeds and hands over the missing tubs and cans to the Manager concerned, the amount will be appropriately deducted from the petitioner’s liability. This order was questioned in appeal before the Chairman of respondent No.1, who confirmed the said order by dismissing the appeal, vide: order dated 5-1-2008. At the hearing, Sri K.Buchi Babu, learned counsel for the petitioner, advanced several contentions touching on the merits of the case. I am afraid, this Court will not examine the merits of the case because the scope of judicial review is limited to decision making process and not the merits of the decision. The law is well settled that the jurisdiction of this Court under Article 226 of the Constitution of India is available only to examine whether there was any procedural illegality, irregularity or impropriety or that the delinquent was denied reasonable opportunity to putforth his case. This Court would also examine whether the punishment imposed on the delinquent is disproportionate to the proven misconduct. (See: State of Orissa v. Bidyabhushan Mohapatra[1], State of A.P. v. Sree Rama Rao[2], State of Madras v. G. Sundaram[3], State of A.P. v. C. Venkata Rao[4], B.C. Chaturvedi v. Union of India[5], Apparel Export Promotion Council v. A.K. Chopra[6], Council of Civil Service Unions v. Minister for the Civil Service[7], Ranjit Thakur v. Union of India[8], Union of India v. G. Ganayutham[9]) . In this case, the petitioner neither pleaded that the enquiry was vitiated by any of the above mentioned flaws nor the punishment imposed was disproportionate to the proven misconduct. Therefore, I do not find any merit in the Writ Petition and it is accordingly dismissed. -------------------------------------- C.V.NAGARJUNA REDDY,J Dt.02-4-2009 MNR [1] AIR 1963 SC 779 [2] AIR 1963 SC 1723 [3] AIR 1965 SC 1103 [4] AIR 1975 SC 2151 [5] (1995) 6 SCC 749 [6] (1999) 1 SCC 759 [7] (1984) 3 All ER 935 [8] (1987) 4 SCC 611 [9] (1997) 7 SCC 463