A.Nagaraj v. The Registrar Of Co-Operative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 10.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.34832 of 2013 and M.P.No.1 of 2013 A.Nagaraj
...Petitioner
Vs.
1. The Registrar of Co-operative Societies, Chennai - 600 010.
2. The Joint Registrar of Co-operative Societies, Chairman, Common Cadre Services Committee, Krishnagiri District.
3. The Deputy Registrar of Co-operative Societies, Krishnagiri District.
4. The President, KK 252, Veeramalai Primary Agricultural Co-operative Bank Ltd., Veeramalai, Krishnagiri Taluk, Krishnagiri District.
5. The Enquiry Officer, Thiru.N.V.Anandan
...Respondents
(R5-Cause title amended as per order dated 30.01.2014 by RPSJ in MP No.1 of 2014) Writ petition filed under Section 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to enquiry notice of 5th respondent, dated 03.12.2013 quash the same and to direct the respondents to desist from proceeding any further in any manner whatsoever in pursuance of charge memo in Pro.Na.ka.No.3128/04/PACB, dated 30.11.2007 issued by the 2nd respondent, till the full and final disbursement of entire arrear amount of subsistence allowance from 06.07.2005 to 06.01.2012 and pay him the salary from 01.02.2004 to 05.07.2005 and from 07.01.2012 to 06.11.2013 to the petitioner along with 18% interest on the delayed payment.
For petitioner : Mr.S.Balakrishnan for Mr.R.S.Krishnaswamy For Respondents: Mr.S.Arumugam, Government Advocate for R1 to R3 Mr.S.Palaniswamy for R4 No appearance for R5
O R D E R
The writ Petition is filed challenging the enquiry notice, dated 03.12.2013 served based on the Charge Memo, dated 30.11.2007 issued by the respondent society.
2. Mr.S.Palaniswamy, learned counsel appearing for the respondent society fairly submitted that the relief sought for in this Writ Petition has become infructuous since the petitioner was allowed to retire from service on 31.03.2020. Hence, there is no progress in the aforesaid proceedings initiated based on the charge memo, dated 30.11.2007.
3. The learned counsel for the petitioner agrees with the above contention made by the learned counsel appearing for the respondent society.
4. In view of the above, nothing survives for further adjudication in this matter. Therefore, this Writ Petition is dismissed as having become infructuous. However, it is open to the petitioner to make request for claiming terminal benefits, if so advised. No costs. Consequently connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar vum
To
1. The Registrar of Co-operative Societies, Chennai - 600 010.
2. The Joint Registrar of Co-operative Societies, Chairman, Common Cadre Services Committee, Krishnagiri District.
3. The Deputy Registrar of Co-operative Societies, Krishnagiri District.
4. The President, KK 252, Veeramalai Primary Agricultural Co-operative Bank Ltd., Veeramalai, Krishnagiri Taluk, Krishnagiri District.
W.P.No.34832 of 2013 and M.P.No.1 of 2013 GPL(CO) SP(09/02/2022)