R.Subburaj v. The Joint Registrar Of Cooperative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2020

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH WP.No.891 of 2020 and WMP.Nos.1076, 1077 & 1079 of 2020 R.Subburaj .. Petitioner - Vs -

1. The Joint Registrar of Cooperative Societies, Erode Region, Erode, Erode District.

2. The President, AA.215, Rajan Nagar Primary Agricultural Cooperative Credit Society, Rajan Nagar, Sathyamangalam Taluk, Erode District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Na.Ka.8986/2011 Sa.Pa, dated 04.09.2013 whereby confirming the order passed by the 2nd respondent in his proceedings Na.Ka.No.1/2010/S.O., dated 23.11.2011 and quash the same and consequently, directing the respondents to reinstate the petitioner into service with backwages, attendant benefits and other monetary benefits together with continuity of service to the petitioner.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.L.P.Shanmugasundaram Special Government Pleader

O R D E R

This writ petition has been filed challenging the order passed by the first respondent by his proceedings dated 04.09.2013, confirming the order passed by the second respondent by his proceedings dated 23.11.2011.

2. The petitioner was working in the second respondent-Society as a Secretary. He was issued with a charge memo and charges were framed. An enquiry was conducted https://hcservices.ecourts.gov.in/hcservices/

and an explanation was also called for from the petitioner. The second respondent, by his proceedings dated 23.11.2011 imposed a punishment of termination of service. Aggrieved by the same, the petitioner filed a revision before the first respondent and the first respondent, by an order dated 04.09.2013, dismissed the revision petition and confirmed the order passed by the second respondent.

3. Both the above orders have now been made as subject matter of the present writ petition.

4. This Court does not find any merit in this writ petition and this writ petition deserves to be dismissed on the ground of latches. The impugned order was passed by the first respondent in the year 2013 and the same is challenged before this Court, after nearly 7 years and there is absolutely no explanation in the affidavit for the said inordinate delay.

5. In view of the same, this Court is not inclined to go into merits of the case and this writ petition deserves to be dismissed on the ground of latches.

6. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar kmi To

1. The Joint Registrar of Cooperative Societies, Erode Region, Erode, Erode District.

+1cc to Mr.C.Prakasam, Advocate, S.R.No.4107 +1cc to Mr.L.P.Shanmugasundaram, Advocate, S.R.No. 3795 +1cc to the Special Government Pleader(CO-OP), S.R.No. 3873 WP.No.891 of 2020 EV(CO) GN(12/02/2020) https://hcservices.ecourts.gov.in/hcservices/