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Madras High CourtWP/30769/2008dismissed

K.Seetharamsingh v. The Addl. Registrar (Sales,

2025-07-08Honourable Mr.Justice Mummineni Sudheer Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR K.Seetharamsingh ... Petitioner Vs.

1. The Additional Registrar (Sales, Planning & Development) Registrar of Co-Operative Society Office, Chennai - 40.

2. The Common Cadre Authority/ The Joint Registrar of Co-operative Societies, Thiruvannamalai Region, Thiruvannamalai & District.

3. The Management of Pudupalayam Primary Agriculture Co-operative Bank Ltd., Pudupalayam Post, Chengam Taluk, Thiruvannamalai District - 606 705.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records from the first respondent pertaining to the impugned order, proceedings Na.Ka.50429/2006 Sa.Pa.1 dated 10.08.2007, and quash the same and consequently to direct the second respondent to reinstate the petitioner with continuity of service, backwages and all other attendant benefits. For Petitioner : Mr.D.Vijendran For Respondents : Dr.S.Suriya, Additional Government Pleader

O R D E R

This writ petition has been filed seeking a writ of certiorarified mandamus, to call for the records relating to the impugned proceedings bearing Na.Ka.50429/2006 Sa.Pa.1 dated 10.08.2007, whereby the petition filed by the petitioner challenging the order dated 03.02.2006, dismissing the petitioner from service, was confirmed by the second respondent. The petitioner was dismissed from service as a measure of disciplinary proceedings after following due procedure of issuing a charge-memo, appointing of an Enquiry Officer, and then conducting an enquiry etc.,

2. When the matter is taken up for consideration today, it is brought to the notice of this court by Dr.S.Suriya, learned Additional Government Pleader appearing for the respondents that the petitioner was also subjected to criminal proceedings at the instance of the third respondent and accordingly, the petitioner was convicted and sentenced to undergo one year imprisonment along with fine of Rs.500/- in C.C.Nos.55 to 62 of 2007 on the file of the Judicial Magistrate Court-II, Vellore, by an order dated 28.04.2008 and that the said conviction and sentence have attained finality. The said factual situation is not disputed by the learned counsel for the petitioner.

3. In view of the conviction suffered by the petitioner, the question of petitioner being reinstated into service does not arise and even in case if this court find fault with the impugned order also, the same cannot be interfered with, as the petitioner has already suffered conviction and the same has also attained finality. The natural consequence would be to dismiss the petitioner from service.

4. In the circumstances, this writ petition is dismissed. No costs. Connected miscellaneous petitions, if any, shall stand closed. 08.07.2025 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Additional Registrar (Sales, Planning & Development) Registrar of Co-Operative Society Office, Chennai - 40.

2. The Common Cadre Authority/ The Joint Registrar of Co-operative Societies, Thiruvannamalai Region, Thiruvannamalai & District.

3. The Management of Pudupalayam Primary Agriculture Co-operative Bank Ltd.,

Pudupalayam Post, Chengam Taluk, Thiruvannamalai District - 606 705.

MUMMINENI SUDHEER KUMAR, J.

skr 08.07.2025