D.Shanmugasundaram v. The Joint Registrar Of Cooperative Societies,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Shanmugasundaram
...Petitioner
-Vs1.The Joint Registrar of Cooperative Societies, Thiruvannamalai Region, Thiruvannamalai, Thiruvannamalai District.
2.The Deputy Registrar of Cooperative Societies, Cheyyar Circle, Cheyyar - 604 407, Thiruvannamalai District.
3.The Cooperative Sub Registrar/Administrator, V.L.Spl.120, Devikapuram Primary Agricultural Cooperative Credit Society, Devikapuram and Post - 606 902, Chetpet Taluk, Thiruvannamalai District.
4.The Administrator, V.C.15, West Arni Panchayat Union, Employees and Teachers Cooperative Thrift and Credit Society Limited, Mosque Street, Arni - 632 301, Thiruvannamalai District.
... Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 2 and 3 to accept the petitioner's resignation letters dated 15.05.2023 and 26.06.2023 and relieve the petitioner from service by giving effect from 01.04.2022 by sanctioning the terminal benefits to the petitioner.
For Petitioner : Mr.C.Prakasam For R1 and R2 : Mr.U.Baranidharan Additional Government Pleader For R3 and R4 : Mr.P.Sathish Additional Government Pleader
ORDER
This Writ Petition has been filed for direction directing the respondents 2 and 3 to accept the petitioner's resignation letters dated 15.05.2023 and 26.06.2023 and relieve the petitioner from service by giving effect from 01.04.2022 by sanctioning the terminal benefits to the petitioner.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioner had joined as Clerk on 23.12.1995 in the third respondent Society. Thereafter, he was promoted to the post of Senior Clerk. Due to the difficulty in working in the post of Senior Clerk, the petitioner submitted a resignation letter dated 15.05.2023 to the file of the third respondent. Once again, he had submitted another letter dated 26.06.2023 to accept his resignation letter and also sought to relieve him from service.
4. A perusal of records revealed that the petitioner was served with a charge memo dated 10.11.2023. The charge revealed that the petitioner was absent from service from 01.04.2022. He had never reported to duty. That apart, the petitioner did not submit any letter dated 15.05.2023 and 26.06.2023 seeking permission to relieve from service. Now, he is facing charge for unauthorized absence. Therefore, there is no proof to show that the petitioner made representations on 15.05.2023 and 26.06.2023 to accept his resignation.
5. In view of the above, this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. There shall be no order as to costs.
09.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn
To 1.The Joint Registrar of Cooperative Societies, Thiruvannamalai Region, Thiruvannamalai, Thiruvannamalai District.
2.The Deputy Registrar of Cooperative Societies, Cheyyar Circle, Cheyyar - 604 407, Thiruvannamalai District.
3.The Cooperative Sub Registrar/Administrator, V.L.Spl.120, Devikapuram Primary Agricultural Cooperative Credit Society, Devikapuram and Post - 606 902, Chetpet Taluk, Thiruvannamalai District.
4.The Administrator, V.C.15, West Arni Panchayat Union, Employees and Teachers Cooperative Thrift and Credit Society Limited, Mosque Street, Arni - 632 301, Thiruvannamalai District.
G.K.ILANTHIRAIYAN. J, mn 09.01.2024