G.Kuppusamy v. The Joint Registrar Of Cooperative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2023
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.4506 of 2020 G.Kuppusamy ...
Petitioner /vs/
1. The Joint Registrar of Co-operative Societies, Villupuram, Villupuram District.
2. The Deputy Registrar of Co-operative Societies, Tindivanam - 604 001, Villupuram District.
3. The Special Officer, CLSPL-148, Melapakkam Primary Agricultural Cooperative Credit Society, Tindivanam, Villupuram District.
... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the first respondent to consider the petitioner's representation dated 30.12.2019 requesting him to take appropriate action with regard to the review petition dated 14.11.2019 in
respect of his suspension and fixation of pay in the post of Assistant Secretary with effect from 04.12.2013 as directed in the order of the first respondent in Na.Ka.3435/2016/Sa.Pa dated 13.10.2017. For Petitioner ... Mr.P.Manoj Kumar For Respondents ... Mr.T.Chezhiyan Additional Govt. Pleader for R1 & R2 Mr.L.P.Shanmugasundaram for R3
ORDER
This Writ Petition has been filed for the issuance of a writ of mandamus directing the first respondent to consider the petitioner's representation dated 30.12.2019 requesting him to take appropriate action with regard to the review petition dated 14.11.2019 in respect of his suspension and fixation of pay in the post of Assistant Secretary with effect from 04.12.2013 as directed in the order of the first respondent in Na.Ka.3435/2016/Sa.Pa dated 13.10.2017.
2. The learned counsel for the petitioner submitted that the petitioner made a Review Petition before the first respondent for revocation of suspension and for payment of subsistence allowance and the same is pending.
3. Mr.T.Chezhiyan, learned Additional Government Pleader, submitted that the surcharge proceedings against the petitioner to the tune of Rs.38,00,000/- is pending with the third respondent.
4. Irrespective of the surcharge proceedings, the petitioner's request for subsistence allowance needs to be considered since he was placed under suspension. Hence, I feel the representation of the petitioner needs to be considered by the first respondent.
5. Accordingly, this writ petition is allowed and the first respondent is directed to consider the petitioner's representation dated 30.12.2019 and pass orders, within a period of four weeks from the date of receipt of a copy of this order. No costs.
16.11.2023 Index: Yes / No Speaking order / Non-speaking order bkn
R.N.MANJULA ,J.
bkn To:
1. The Joint Registrar of Co-operative Societies, Villupuram, Villupuram District.
2. The Deputy Registrar of Co-operative Societies, Tindivanam - 604 001, Villupuram District.
16.11.2023