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Madras High CourtWP/8089/2022disposed of

K.Ganesan v. The Joint Registrar Of Co-Operative Societies

2022-04-05Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.8089 OF 2022 K.Ganesan ... Petitioner .Vs.

1. The Joint Registrar of Co-operative Societies, Krishnagiri Region, Krishnagiri.

2. S.615, Gundalapatti Primary Agricultural Co-operative Credit Society Ltd., Rep. by its President, Gundalapatti Post, Krishnagiri District.

... Respondents PRAYER:- Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the 1st respondent to dispose the petitioner review petition dated 20.05.2019 within the time fixed by this Court. For Petitioner : Mr.M.S.Palaniswamy For R1 :

Mrs.S.Anitha Special Government Pleader For R2 : Mr.C.Selvaraj Standing Counsel

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking to issue a Writ of Mandamus, directing the 1st respondent to dispose the

petitioner's review petition dated 20.05.2019, within the time fixed by this Court.

3. The case of the petitioner in brief:

The petitioner was working as Junior Clerk in the 2nd respondent society and he was suspended from service vide charge memo dated 29.05.2017. The second respondent appointed an enquiry officer to conduct enquiry and the petitioner submitted representation before him to furnish the documents and to pay Subsistence Allowance. But the enquiry officer had not passed any order on the representation and further, without conducting enquiry, he filed a report, holding that out of 9 charges, 5 charges are proved. Thereafter, the petitioner was suspended from service on 08.03.2019. The petitioner filed a review petition before the first respondent and he appeared before him for enquiry on 12.02.2021 and 20.02.201. But, even after enquiry, the first respondent did not pass any final order. Hence, the petitioner filed this instant writ petition before this Court.

4. The learned Special Government Pleader appearing for the first respondent submitted that the appellate authority will pass final order on the review petition filed by the petitioner, within a time frame as fixed by this court.

5. Inview of the above submission and also considering the limited scope of prayer, without expressing any opinion on merits, this court is inclined to pass the following order. i) The 1st respondent is directed to pass final order on the review petition filed by the petitioner, on its own merits and in accordance with law, as expeditiously as possible, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mst

To 1.

The Joint Registrar of Co-operative Societies, Krishnagiri Region, Krishnagiri.

2.

The President, S.615, Gundalapatti Primary Agricultural Co-operative Credit Society Ltd., Gundalapatti Post, Krishnagiri District.

+1cc to Mr.M.S.Palaniswamy, Advocate, S.R.No.23155 +1cc to the Government Pleader, S.R.No.23627 W.P.NO.8089 OF 2022 SVI(CO) PBS/22/04/2022