S.Senthilselvan v. The Joint Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.Nos.1328 to 1330 of 2016 WMP.Nos.1091 to 1093 of 2016 S.Senthilselvan Assistant General Manager (Development) Villupuram District Central Cooperative Bank Villupuram 605 602 Petitioner in all WPs Vs 1.The Joint Registrar of Cooperative Societies/ Managing Director, Villupuram District Central Cooperative Bank Villupuram 605 602 2.P.Natarajan, Deputy Registrar (Retd.)/ Enquiry Officer Villupuram Respondents in all WPs Prayer:- These Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the Respondents, relating to the impugned Enquiry Report of the 2nd Respondent, dated 07.12.2015, in respect of the Charge Sheets, bearing Nos.Na.Ka.No.E-1/2686/2015(3), Na.Ka.No.E1/2685/2015(5) and Na.Ka.No.E-1/2732/2015(3), dated 15.12.2015, of the 1st Respondent and to quash the same and consequently, to direct the 1st Respondent to appoint a new Enquiry Officer to conduct the enquiry, by following the principles of natural justice.

For Petitioner :

Mr.A.S.Thambuswamy in alll WPs For Respondents :

Mr.R.M.Muthukumar, GA-R1 in all WPs Mr.Arumugam-R2

ORDER

In these Writ Petitions, the Petitioner seeks for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the Respondents relating to the

impugned Enquiry Report of the 2nd Respondent, dated 07.12.2015 in respect of the Charge Sheets bearing Nos.Na.Ka.No.E-1/2686/2015(3), Na.Ka.No.E-1/2685/2015(5) and Na.Ka.No.E-1/2732/2015(3), dated 15.12.2015 of the 1st Respondent and to quash the same and consequently, to direct the 1st Respondent to appoint a new Enquiry Officer to conduct the enquiry, by following the principles of natural justice.

2. This Court heard and considered the submissions made by the learned counsel on either side and also perused the materials on record.

3. The Petitioner, who has been working as the Assistant General Manager (Development) in the Respondent Bank, has been charge sheeted for having committed certain alleged irregularities. According to the Petitioner, without furnishing the documents as requested by him, the enquiry was conducted and completed by the Respondents. On the said submission on violation of principles of natural justice, this Court, by order dated 12.01.2016, granted an interim order, staying the further proceedings against the Petitioner till 20.01.2016. However, when the matter is taken up for consideration today, the learned counsel for the Petitioner has fairly submitted that after filing of these Writ Petitions, a fresh Enquiry Officer by name K.Jothi has been appointed to enquiry into the matter and the said submission is recorded.

4. In view of the said fair submission of the learned counsel for the Petitioner, nothing survives in these Writ Petitions, as the prayer in these Writ Petitions had been granted by the Respondents. Accordingly, these Writ Petitions are closed, as nothing survives. No costs. Consequently, the connected MPs are closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar Srcm To:

1.The Joint Registrar of Cooperative Societies/ Managing Director, Villupuram District Central Cooperative Bank Villupuram 605 602

2.Deputy Registrar (Retd.)/ Enquiry Officer, P.Natarajan, 2/41, Post Office Road, Manampoondi Village & Post, Thirukoilur Taluk, Villupuram District.

1 cc to Mr.A.S.Thambusamy, Advocate, sr.29457 1 cc to Mr.R.Arumugam, Advocate, sr.29456 WP.Nos.1328 to 1330 of 2016 bvr co kra 21.06.2016