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3.The case of the plaintiff is that by order dated 27.03.2007 he was appointed as store keeper and ADLR at Unit Run Canteen, Embarkation Headquarters, Chennai. The appellant/plaintiff has completed more than five years of service and the appellant/plaintiff's appointment was confirmed as storekeeper on completion of the probation period and the appellant/plaintiff had been discharging his duties diligently and honestly and by virtue of his hard work he had secured more collections to the canteen. By way of show cause notice dated 05.07.2013 the appellant/plaintiff was called upon the respondents/defendants to give explanation as to why he was using the smart card illegally for purchase of grocery rather than returning the smart card to OIC URC or Canteen Manager or Accounts Office, finding that the smart card was used by one Kamalakannan of Rail Branch of Embarkation Headquarters, Chennai and his card was lost during December 2011. The appellant/plaintiff has given a https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 08:42:02 pm ) suitable reply dated 06.07.2013 explaining the circumstances.

4.On the other hand, the defendant submits that the appellant/plaintiff was appointed as storekeeper cum ADLR Clerk at Unit run Canteen with effect from 01.07.2007. He was warned on several occasions on account of indiscipline/negligence of duty and inappropriate conduct. On 05.07.2013 it has brought to the notice of Officer-in-charge, Unit Run Canteen that the individual was caught using lost Smart Card No. GC05040595725800J00 in an unauthorised manner, belonging to UDC K.Kamalakannan of Rail Branch, Embarkation Headquarters. The findings of the Court of Inquiry https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 08:42:02 pm ) beyond doubt established that the appellant/plaintiff was guilty of possessing the lost smart card of UDC K.Kamalakannan and intentionally misusing it for his personal benefits in an unauthorised manner. Hence, a show cause notice was issued to the appellant / plaintiff on 03.10.2013 and the misconduct of the appellant / plaintiff was proceeded and all rules/regulations, regulating the terms and conditions of Canteen Services dated 28.04.2003 was strictly adhered to and his services were terminated on 30.10.2013 in the interest of the organisation and in the termination order, a reference is made to both the letters. Though the letter dated 14.09.2001 had been superseded, it has been referred to primarily as in his appointment letter of 27.04.2017, with regard to the terms and conditions of his service. Since it is a defence organisation, wherein, discipline and integrity is of paramount importance. Hence the suit is liable to be dismissed.

15.According to the appellant/ plaintiff, he was appointed to the post of Storekeeper and ADLR at Unit Run Canteen Embarkation Headquarters, Chennai, by order dated 27.03.2007 and the scale of pay was fixed at Rs.4,000/- with effect from 01.04.2007. While so, a show cause notice dated 05.07.2013 was issued and the plaintiff was called upon by the defendant to give explanation as to why the plaintiff was using the smart card illegally for purchase of grocery rather than returning the smart card to OIC URC or Canteen Manager or Accounts office finding that the smart card was used by one Kamalakannan of Rail Branch of Embarkation Headquarters, Chennai and his card was lost during December 2011. For the said show cause notice dated 05.07.2013 the plaintiff has given a suitable reply. While so, the defendant issued another show cause notice on 03.10.2013 whereby it was stated that the Court of Inquiry was conducted and consequent to the findings of the Court of Inquiry it was found that on 05.07.2013 the plaintiff had been using the lost smart card of Kamala Kannan of Rail Branch, Embarkation Headquarters, Chennai and the plaintiff was called upon to explain in writing as to why disciplinary action https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 08:42:02 pm ) should not be initiated and the services of the plaintiff should not be terminated with immediate effect. On receipt of the said show cause notice the plaintiff gave an explanation on 11.10.2013 denying the allegations levelled against the plaintiff and also explained the facts and circumstances of the case in which the smart card was involved. In spite of the explanation offered by the plaintiff, no charges were framed against the plaintiff nor any disciplinary action was initiated and he was not found guilty of any misconduct. However, quite contrary to the mandatory provisions of the rules and regulations regulating the terms and conditions of Canteen Services dated 28.04.2003 the plaintiff was terminated from service as storekeeper from the 1st defendant's establishment and aggrieved against the same, the plaintiff has filed the above suit for declaration that the order dated 30.10.2013 served on the plaintiff on 01.11.2013 is illegal and non est in law. It is stated that in the impugned termination order dated 30.10.2013 which is punitive in nature, the defendant has referred to the letters dated 14.09.2001 and 28.04.2003 of Army Headquarters. Whereas, the letter dated 14.09.2001 is not in operation as the same had been superseded and that the impugned order of termination is in violation of the mandatory provisions https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 08:42:02 pm ) of Rules and Regulations dated 28.04.2003 besides being punitive in nature and content and Rules and Regulations do not provide for any termination and no disciplinary action was initiated against the plaintiff and he was not found guilty of any misconduct and therefore the order of termination issued against the plaintiff is illegal and against law and most untenable and as such the plaintiff is entitled to be reinstated into service with all consequential service benefits. The order of termination dated 30.10.2013 has been malafidely and arbitrarily issued.