Adaikkan Vs. Registrar of Co-Operative Sty. & ANR.  INSC 540 (17
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1739 OF
2009 (Arising out of SLP(C)No.19004 of 2006) M. ADAIKKAN .....APPELLANT(S)
VERSUS O R D E R Delay condoned.
matter pertains to the punishment awarded to the appellant herein who was found
guilty in the departmental proceedings. It is an admitted position that
departmental action was taken in case of all Special Officers of the
Co-operative Societies. As many as 47 such Special Officers were involved and
all of them were found guilty. The present appellant, however, faces the
extreme penalty of dismissal. Therefore, we had suggested Mr.Shanmuga Sundaram,
learned senior counsel appearing on behalf of the respondent to enquire as to
what kind of punishment was given to the other Special Officers who were
similarly circumstanced as the appellant. He very fairly gives us a table which
shows that excepting the appellant all the other Special Officers have been
dealt with not so severely and the only punishment which has been awarded to
them was stoppage of increment for two years or six months without cumulative
effect. We feel that under these circumstances, the appellant's punishment
should also be brought down to the stoppage of increment for six months without
cumulative effect. The appeal is accordingly disposed of with the direction
that instead of dismissal, the appellant shall be given the punishment of
stoppage of increment for six months without cumulative effect.
appreciate the fairness of Mr.Shanmuga Sundaram, learned senior counsel
appearing on behalf of the respondent.
this shall be treated as a special case.
.............................J. ( V.S.SIRPURKAR )
.............................J. ( H.L.DATTU )
MARCH 17, 2009.