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          IN THE 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

REGISTRAR OF CO-OPERATIVE STY. & ANR.     ....RESPONDENT(S)

O  R  D  E  R

Delay condoned.

Leave granted.

This  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.  

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We appreciate the fairness of Mr.Shanmuga Sundaram, learned senior counsel appearing on

behalf of the respondent.

However, this shall be treated as a special case.   

                   .............................J.                               ( V.S.SIRPURKAR )

                   .............................J.                               ( H.L.DATTU )

NEW DELHI; MARCH 17, 2009.