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Madras High CourtWP/3143/2018allowed

M. Palani v. The Managing Director

2018-12-21Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.12.2018

CORAM

THE HONOURABLE MR.JUSTICE T. RAJA W.P. No.3143 of 2018 and W.M.P. Nos.3859 3860 12659 of 2018 M.Palani ... Petitioner -vs1.The Managing Director, Tamil Nadu Co-operative Milk Producers Federation Ltd., Aavin Illam, Madhavaram Milk Colony, Chennai-51.

2.The Deputy Registrar of Co-operative Societies (Milk), Vellore-9.

3.M.Vishveswaran The Deputy Registrar of Co-operative Societies (Milk), Vellore-9.

4.C-1706, Sholingapuram Milk Producers Co-operative Society Ltd., rep. by its Vice-President, No.25, Venkatarayapillai Street, Sholingapuram Post, Vellore District.

5.G.Ganesan 6.N.Loganathan 7.Inspector of Police, Law & Order, Sholingapuram Police Station, Sholingampuram, Vellore District.

8.The Registrar of Co-operative Societies, No.170, EVR Periyar Salai, Kilpauk, Chennai-600 010.

... Respondents (R8-suo motu impleaded as per order dated 21.02.2018 in W.P. No.3143 of 2018)

Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari calling for the records of the order of suspension passed by the fourth respondent dated 05.02.2018 and quash the same. For Petitioner :

Mr.M.S.Palaniswamy For Respondents:

Mr.L.P.Shanmugha Sundaram, Special Government Pleader for R2, 7 and 8 Mr.C.Prakasam for R5 No appearance for R1, 3, 4 and 6

O R D E R

The petitioner has come up with this writ petition questioning the correctness of the impugned order of suspension dated 05.02.2018 passed by the fourth respondent. 2.Pursuant to the order dated 21.02.2018 passed by this Court directing the Registrar of Co-operative Societies, Chennai, the eighth respondent herein to issue suitable instructions to the enquiry officer to complete the enquiry and submit his report within a period of forty five days, the learned Special Government Pleader placed before this Court a sealed cover containing a report of the Enquiry Officer. 3.A perusal of the above report shows that there is no direct connection with the petitioner for the loss caused to the Society, however, the petitioner may be jointly responsible for the same.

4.In view of the above, the suspension order dated 05.02.2018 passed by the fourth respondent is quashed and the respondents are directed to revoke the order of suspension and re-instate the petitioner in service within a period of one week from the date of receipt of a copy of this order. 5.Accordingly, this writ petition stands allowed. Consequently, connected W.M.Ps. are closed. No costs. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar vga

To 1.The Deputy Registrar of Co-operative Societies (Milk), Vellore-9.

2C-1706, Sholingapuram Milk Producers Co-operative Society Ltd., rep. by its Vice-President, No.25, Venkatarayapillai Street, Sholingapuram Post, Vellore District.

3.Inspector of Police, Law & Order, Sholingapuram Police Station, Sholingampuram, Vellore District.

4.The Registrar of Co-operative Societies, No.170, EVR Periyar Salai, Kilpauk, Chennai-600 010.

W.P. No.3143 of 2018 and W.M.P. Nos.3859 3860 12659 of 2018 SSV(CO) SP(23/01/2019)