N.Karthikeyan v. The Tamilnadu State Apex Co-Operative Bank Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.1845 of 2024 N.Karthikeyan ... Petitioner -Vs1. The Tamil Nadu State Apex Co-operative Bank Ltd., represented by its Managing Director, 4th NSC Bose Road, Chennai 600 001.

2. The General Manager, (Admin.), TNSC Bank Ltd., 4th NSC Bose Road, Chennai 600 001.

3. The Co-operative Sub Register, Enquiry Officer, TNSC Bank Ltd., 4th NSC Bose Road, Chennai 600 001.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records of the third respondent in connection with the impugned Enquiry Notice dated 01.06.2023 and quash the same.

For Petitioner : Mr.P.Chandrasekaran

ORDER

This writ petition has been filed challenging the order passed by the third respondent in Enquiry Notice, dated 01.06.2023.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. The only contention raised by the petitioner is that for the very same set of allegations, two enquiries were conducted by the respondents under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983.

4. A perusal of records revealed that the first enquiry notice was served on the petitioner, on 29.03.2023. The second enquiry notice was served on 01.06.2023. Thereafter, the Enquiry Officer submitted a report dated 05.01.2024. Therefore, no second enquiry was conducted under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 for the very same set of allegations. After having been attended the enquiry and after having been filed the enquiry report by the Enquiry Officer, the petitioner cannot challenge the summons dated 01.06.2023.

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. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs. 30.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Tamil Nadu State Apex Co-operative Bank Ltd., represented by its Managing Director, 4th NSC Bose Road, Chennai 600 001.

2. The General Manager, (Admin.), TNSC Bank Ltd., 4th NSC Bose Road, Chennai 600 001.

3. The Co-operative Sub Register, Enquiry Officer, TNSC Bank Ltd., 4th NSC Bose Road, Chennai 600 001.

30.01.2024