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Madras High CourtWP/5695/2015disposed of

D.Gurumurthy v. The Joint Registrar

2023-10-19Honourable Dr Justice D.Nagarjun6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and M.P.No.1 of 2015 D.Gurumurthy ... Petitioner Vs The Joint Registrar, Co-operative Societies, Erode Division, Erode.

... Respondent Prayer: Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to reinstate the petitioner into service based on the final order passed by Special Officer dated 06.08.2007 with all consequential service and monetary benefits by considering the petitioner representation dated 24.04.2023.

For Petitioner :

Mr.Ma.P.Thangavel For Respondent :

Mr.A.M.Ayyadurai Government Advocate 1/6

O R D E R

This Writ Petition is filed seeking for reinstatement of the petitioner into service basing on the final orders passed by Special Officer dated 06.08.2007 with consequential service and monetary benefits by considering the petitioner's representation dated 24.04.2013.

2. The petitioner belongs to Backward class community and studied up to 10th standard. He was appointed as Salesman, through Employment Exchange, in Barkur Primary Agricultural Cooperative Bank Limited, Barkur, Erode District in the year 1986 and his services were regularized in the year 1989.

3. On 30.11.2005, petitioner was suspended from service on the allegation that the petitioner has opened fair price shop during the Holiday. He was given charge memo on 05.12.2005 for which the petitioner has submitted a detailed reply on 17.12.2005, having not satisfied with the reply disciplinary proceedings were initiated against the petitioner, enquiry was conducted and as per the report of Enquiry Officer, Special Officer of 2/6

Barkur PACB, dated 06.08.2007, the charges against the petitioner are proved and he was imposed with the punishment of treating the period from 01.12.2005 till the date of joining duty, as leave without back wages. In the meanwhile, a criminal case in Crime.No.104 of 2006 was registered against the petitioner in respect of the same complaint and after the trial, the learned Judicial Magistrate Court, Bhavani has acquitted the petitioner of all the charges.

4. Learned counsel for the petitioner has submitted that even though disciplinary proceeding have been completed and final orders have been passed on 06.07.2007, the petitioner was not reinstated into the service. The petitioner has made several representation to the respondent including on 14.07.2008 and 20.01.2009 but they were not considered. The petitioner has submitted another representation dated 24.04.2013 for which also there was no response. Thereby, the petitioner has preferred this Writ petition, seeking suitable directions.

5. Learned counsel for the respondent has submitted that the petitioner has not submitted any representations either on 14.07.2008 or on 3/6

20.01.2009 or on any other day to the respondent and that the necessary parties have not impleaded in the Writ Petition thereby the relief sought for against the respondent can not be granted.

6. Heard both sides and perused the materials placed on record. Learned counsel for the petitioner has filed document to show that the representation dated 24.04.2013 has been submitted to the respondent and copy of the postal acknowledgement is also produced before this Court. Thereby it is clear that respondent even after receiving the representation from the petitioner on 24.4.2013 has failed to consider the same. The respondent being Superior Officer to the petitioner is expected to reply the representation of the petitioner in any manner by following the procedures known to law.

7. Considering the above, on hearing both sides and after careful perusal of the records, this Court is inclined to dispose of this Writ Petition directing the respondent to consider the representation of the petitioner dated 24.04.2013 and dispose of the same as quickly as possible, not later than four weeks from the date of receipt of copy of this order, by following 4/6

the procedure as per law on merits.

8. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 19.10.2023 Speaking (or) Non Speaking Order Index : Yes/ No Internet : Yes jai To The Joint Registrar, Co-operative Societies, Erode Division, Erode.

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Dr.D.NAGARJUN, J.

jai 19.10.2023 6/6