M.Shanmugam v. The Joint Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.2634 of 2014 and M.P.No.1 of 2014 M.Shanmugam ... Petitioner /versus/ 1.The Joint Registrar of Co-Operative Societies, Vellore Zone, Vellore, Vellore District.

2.The Deputy Registrar of Co-Operative Societies, Office of the Deputy Registrar of Co-Operative Societies, Tirupattur, Vellore District.

3.The Secretary, C-2609 Vinnamangalam Primary, Agricultural Co-Op. Bank, Vaniyambadi Taluk, Pin - 635 821.

... Respondents Prayer:

Writ petition is filed under Article 226 of Constitution of India praying to directing the first respondent to decide the Revision Petition filed by the petitioner on 29.12.2009.

(Prayer amended as per order dated 08.04.2015 in M.P.No.2 of 2014 in W.P.No.2634 of 2014) For Petitioner : Mr.M.Gnanasekar For Respondents : Mr.L.P.Shanmugasundaram Spl. GP (Co-Op.)

O R D E R

The relief sought for in this Writ Petition is to direct the first respondent to decide the Revision Petition filed by the petitioner on 29.12.2009.

2. The writ petitioner was an employee of the third respondent's Co-operative Bank and on account of certain allegations, a disciplinary proceedings were initiated against the writ petitioner and after conducting the Domestic Enquiry a final order in the Disciplinary Proceedings was passed,

dismissing the writ petitioner from service. However, the writ petitioner preferred a Revision Petition against the order under Section 153 of the Tamil nadu Co-Operative Societies Act, before the first respondent on 29.11.2000 and the same is yet to be considered.

3. The inaction of the first respondent is not considering the Revision Petition filed by the writ petitioner for the past about 8 years is deprecated. The revision petition filed under Section 153 is to be dealt in accordance with law and the procedure contemplated under the Tamil CoOperative Societies Act and the decision to be taken by the competitive authority within the reasonable period. However, the Revision Petition preferred by the writ petitioner is pending for the long time.

4. In this view of the matter and without going into the merits of the case, the first respondent is directed to consider the Revision Petition filed by the writ petitioner on 29.11.2000 and pass orders on merits in accordance with law by affording opportunity to the parties concerned within a period of 12 weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs.

Rna Sd/- Assistant Registrar [CCC] /TRUE COPY/ Sub-Assistant Registrar To 1.The Joint Registrar of Co-Operative Societies, Vellore Zone, Vellore, Vellore District.

2.The Deputy Registrar of Co-Operative Societies, Office of the Deputy Registrar of Co-Operative Societies, Tirupattur, Vellore District.

3.The Secretary, C-2609 Vinnamangalam Primary, Agricultural Co-Op. Bank, Vaniyambadi Taluk, Pin - 635 821.

+1CC to MR.GNANASEKAR Advocate SR.NO.71550 +1CC to MR.L.P.SHANMUGASUNDARAM Advocate SR.NO.71832 +1CC to Govt Pleader, High Court, Chennai 104 SR.NO.72114 W.P.No.2634 of 2014 and M.P.No.1 of 2014 VGII[CO] MK:27/10/2017