N.Lalithambiga v. The Coop. Sub Registrar/

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.25405 of 2015 and M.P.Nos.1 to 3 of 2015 N.Lalithambiga ... Petitioner vs.

1. The Co-op.Sub Registrar/ Domestic Enquiry Officer II 595, Vilandai Primary Agricultural Co.op Credit Society at Kutchipalayam, Dhapovanam Post Tirukoilur Taluk Villupuram District.

2. The President II 595, Vilandai Primary Agricultural Co.op Credit Society at Kutchipalayam, Dhapovanam Post Tirukoilur Taluk Villupuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records relating to the impugned domestic enquiry report dated 30.06.2015 submitted by the first respondent before the second respondent; to quash the same and consequently to direct the respondents to furnish relevant documents which are related to the charge memo to the petitioner. For Petitioner :

Mr.C.Prakasam For Respondents:

Mr.L.P.Shanmugasundaram Special Government Pleader (Co-op).

O R D E R

The above writ petition has been filed praying for the issuance of a writ of certiorarified mandamus to call for the records relating to the impugned domestic enquiry report dated 30.06.2015 submitted by the first respondent before the second

respondent; to quash the same and consequently to direct the respondents to furnish relevant documents which are related to the charge memo to the petitioner.

2. This petition was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by the order of this Court, dated 24.08.2015.

3. A communication, dated 19.01.2016 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its Mediation Report, dated 14.12.2015, has been received, and in the said Mediation Report, it is stated as follows:- " Both the parties appeared before the Centre along with their counsel. Matter has been settled between them as per the terms cited in the Mediation Agreement enclosed. Hence, the matter is sent back to the Hon'ble Court."

4. As the parties have arrived at a settlement in terms of the Mediation Agreement dated 14.12.2015, this petition is listed for passing orders in terms of the said Mediation Agreement.

5. The Mediation Agreement, dated 14.12.2015 signed by the parties and their respective counsel, reads as follows:- "Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:

1. The petitioner's suspension was revoked and reinstatement (copy enclosed) was ordered on 26.11.2015 and the petitioner also joined the duty on 26.11.2015.

2. The petitioner requested for the payment of subsistence allowance for which the 2nd respondent, directed the petitioner to make a representation before the Board which would be decided in accordance with law.

With the above said understanding the mediation is completed."

6. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 14.12.2015 in terms of the Mediation Report, dated 14.12.2015 before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this writ petition is disposed of, recording the

terms of the Mediation Agreement, dated 14.12.2015. The terms of the Mediation Agreement, the Mediation Report, dated 14.12.2015 of the Mediation Centre shall form part of this order. Consequently, the connected miscellaneous petitions are closed.

7. Learned counsel for the respondents also submitted that the subsistence allowance due to the petitioner will also be settled immediately. The said statement made by the respondents is recorded.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vj2 To

1. The Co-op.Sub Registrar/ Domestic Enquiry Officer II 595, Vilandai Primary Agricultural Co.op Credit Society at Kutchipalayam, Dhapovanam Post Tirukoilur Taluk Villupuram District.

2. The President II 595, Vilandai Primary Agricultural Co.op Credit Society at Kutchipalayam, Dhapovanam Post Tirukoilur Taluk Villupuram District.

+1cc to Mr.C. Prakasam, Advocate, S.R.No.3638 +1cc to Mr.L.P. Shanmugasusndaram, Advocate, S.R.No.3596 +1cc to the Government Pleader, S.R.No.3722 BVR(CO) EU(5/02/2016) W.P.No.25405 of 2015