Facts
The petitioner was appointed as a Writer in the third respondent cooperative society in 1990 and later served as Secretary-in-Charge of the fourth respondent society.
Source reference: p. 1–3After being suspended in 2018, he was charged with misappropriating approximately ₹10 lakh and recommending a ₹1 lakh loan contrary to society guidelines.
Source reference: p. 1–3He explained that staff shortages led him to entrust work to a Night Watchman and a Peon, who committed the irregularities.
Source reference: p. 1–3The third respondent imposed compulsory retirement; the petitioner’s challenge before the authorities was unsuccessful.
Source reference: p. 1–3He then sought judicial review under Article 226, asking the High Court to quash the orders and direct his reinstatement
Source reference: p. 1–3Issues
1. Whether the authorities’ findings that the petitioner was responsible for misappropriation were unsupported by the record or otherwise warranting interference in judicial review
Source reference: p. 5–72. Whether compulsory retirement was liable to be set aside on the petitioner’s grounds that his subordinates committed the misconduct and that the punishment was disproportionate
Source reference: p. 3, 7–8Law Applied
The Court applied the limited scope of judicial review over disciplinary findings: interference is not warranted unless the findings are perverse, made by an incompetent authority, or contrary to the material on record
Source reference: p. 7–8The petition invoked Article 226 of the Constitution, but the judgment cited no specific statute or precedent
Source reference: p. 1; p. 7–8Reasoning
The Court held that the petitioner, as Secretary responsible for the society’s administration and funds, could not avoid responsibility by attributing the misconduct to subordinate staff; if staffing was inadequate, he should have raised the matter with higher authorities.
Source reference: p. 5The record showed a shortage of funds, transactions bearing the petitioner’s signatures, and his admission of the shortage and repayment of the loss.
Source reference: p. 6–8The Court therefore found material supporting the disciplinary authorities’ conclusion that he had participated in the misappropriation.
Source reference: p. 6–8It also noted that a co-delinquent had received the same punishment and concluded that the authorities’ findings were not perverse or contrary to the record
Source reference: p. 6–8Holding
The Court found no basis to interfere with the disciplinary, revisional, or reviewing orders.
It dismissed the writ petition, leaving the compulsory-retirement order in force; no costs were awarded
Source reference: p. 8Original Court PDF
V.VARADHARAJANvsTHE STATE OF TAMIL NADU
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