S.Shanmugam, v. The Deputy Registrar Of Coop.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2024 CORAM :

THE HONOURABLE DR. JUSTICE D. NAGARJUN Writ Petition No. 3287 of 2015 and M.P. No. 2 of 2015 S. Shanmugam

...Petitioner

Versus

1.The Deputy Registrar of Co-op.Societies, Mannargudi Circle, Mannargudi, Tiruvarur District.

2.The President, T.544 Peruvidaimarudhur Primary Agricultural Co-op.Credit Society, Peruvidaimarudhur Village, Mannukkumundan Post - 614 705 Mannargudi Taluk, Tiruvarur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned order passed by the first respondent in his proceedings Na.Ka. No. 10/2015/Tho.Vae.Sa, dated 28.01.2015 and consequential order passed by the second respondent in his proceedings Na.Ka. No. 01/2015, dated 03.02.2015 and quash the same and 1/4

consequently direct the respondents to reinstate the petitioner into service with all attendant benefits and monetary benefits. For Petitioner : Mr. C. Prakasam.

For Respondents : Mr. S. Ravikumar, Special Government Pleader for R1.

Mr. L.P. Shanmugasundaram for R2.

O R D E R

This writ petition has been filed challenging the impugned order of suspension passed by the second respondent on the direction of the first respondent.

2.Learned counsel for the petitioner submits that the first respondent has no authority to direct the second respondent to initiate disciplinary proceedings against the petitioner and the said power is vested with the Joint Registrar. He has circulated the order passed by this Court in W.P. No. 2628 of 2015 dated 12.07.2022 in support of his contention.

3.Learned Special Government Pleader appearing for the first respondent has submitted that the disciplinary proceedings initiated 2/4

against the petitioner have been completed and the petitioner was terminated from service. Once the petitioner was terminated from service, after the disciplinary proceedings were closed, this writ petition challenging the order of suspension during the pendency of disciplinary proceedings becomes infructuous.

4.Accordingly, this writ petition is dismissed as infructuous. No costs. Consequently the connected Miscellaneous petition is closed. 09.01.2024 (1/2) ay Index: Yes/No Speaking Order / Non-Speaking Order To The Deputy Registrar of Co-op.Societies, Mannargudi Circle, Mannargudi, Tiruvarur District.

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DR. D. NAGARJUN, J ay W.P. No.3287 of 2015 and M.P. No. 2 of 2015 Dated: 09.01.2024 (1/2) 4/4