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Madras High CourtWP/608/2017disposed of

M.Dinakaran v. The Deputy Registrar Of

2017-01-09Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2017

CORAM

THE HON'BLE Mr. JUSTICE M.SATHYANARAYANAN W.P.No.608 of 2017 and W.M.P.No.652 of 2017 M.Dinakaran

...Petitioner

-Vs1. The Deputy Registrar of Co-operative Societies, Tiruvannamalai.

2. The President, HH 561, Santhavazal Primary Agricultural Cooperative Society, Santhavasal Polur Taluk, Tiruvannamalai District.

...Respondents

This petition is filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent relating to the order of suspension dated 17.11.2016 and quash the same and issue consequential directions to the respondents to reinstate the petitioner in service with all consequential benefits.

For Petitioner : Mr.G.Punniakoti For Respondents : Mr.L.P.Shanmugasundaram, Spl.G.P.

O R D E R

By consent, the writ petition is taken up for final disposal. Mr.L.P.Shanmugasundaram, learned Additional Government Pleader accepts notice on behalf of the respondents.

2. The service of the petitioner as Salesman on daily wages came to be regularised with effect from 12.03.2001 by the Joint

Registrar of Cooperative Societies, Tiruvannamalai vide proceedings dated 17.09.2007. The petitioner was also put to additional charge as Attender from 02.02.2012 to 10.10.2012 and was put in charge of the safe vault containing jewels. The petitioner claims that so far he has rendered hard, sincere and blemishless service to the satisfaction of his superiors. However, to the shock and surprise, as per the direction of the 1st respondent, the 2nd respondent placed the petitioner under suspension, by proceedings dated 17.11.2016, alleging certain irregularities in the Society and also indicating that a charge memo will be issued separately. The petitioner, in this regard, submitted a representation dated 05.12.2016, to the first respondent praying for revocation of the order of suspension by setting aside the same, through proper channel. Despite receipt and acknowledgement, it is not favoured with any kind of response. Hence, he came forward to file this writ petition.

3. Heard the submission of the learned counsel for the petitioner and Mr.L.P.Shanjugasundaram, learned Special Government Pleader who accepts notice on behalf of the respondents.

4. Though the petitioner prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 1st respondent to consider and dispose of the petitioner's representation dated 05.12.2016 on merits and in accordance with law and pass orders within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as the 2nd respondent. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. sd/ Assistant Registrar(CCC) /true copy/ Sub Assistant Registrar vsi To

1. The Deputy Registrar of Co-operative Societies, Tiruvannamalai.

2. The President, HH 561, Santhavazal Primary Agricultural Cooperative Society, Santhavasal Polur Taluk, Tiruvannamalai District.

+1cc to the Government Pleader SR.No.2643 +1cc to Mr.L.P.Shanjugasundaram, Add. Govt. Pleader SR.No.2161 +1cc to MR.G.Punniakoti, Advocate, SR.No.1856. W.P.No.608 of 2017 SS(CO) GN(01/02/2017)