Madras High CourtWP/18903/2016disposed of

D.Kamalakannan, v. The Registrar Of Co-Operative

2016-07-14Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.No.18903 of 2016 WMP.No.16495 of 2016 D.Kamalakannan ...

Petitioner Vs 1.The Registrar of Cooperative Societies Chennai-10 2.The President, Chennai Central Cooperative Bank Limited Chennai-109 3.The Managing Director, Chennai Central Cooperative Bank Limited, Chennai-109 ...

Respondents Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records in proceedings of the 3rd Respondent dated 21.11.2015 in No.009790/2015-16/A1 and to quash the same as illegal and to direct the 3rd Respondent to permit the Petitioner to rejoin duty as Chief Manager in the 3rd Respondent bank.

For Petitioner :

Mr.N.Anand Venkatesh For Respondent :

Mr.Bala Ramesh, AGP

ORDER

This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the proceedings of the 3rd Respondent dated 21.11.2015 in No.009790/2015-16/A1 and to quash the same as illegal and to direct the 3rd Respondent to permit the Petitioner to rejoin duty as Chief Manager in the 3rd Respondent bank.

2. This court heard the learned counsel on either side and also perused the materials placed on record.

3. After some elaborate arguments, the learned counsel for the Petitioner would contend that latest extension of suspension has been made by order dated 29.3.2016 and that too after filing of the case and therefore, the suspension itself is illegal and that already an enquiry officer has been appointed and the Petitioner participated in the enquiry proceedings on two occasions, but still it has not been completed and the Petitioner also made a representation dated 20.2.2016 to the Respondents 2 and 3, which is not considered so far and it is suffice if the representation is disposed of and the enquiry is completed, on merits, expeditiously.

4. The learned Additional Government Pleader for the Respondents would contend that it is a Society and he has to make a representation to the proper authority and the orders of extension of suspension have been correctly passed.

5. Considering the submissions of the learned counsel on either side, the 3rd Respondent is directed to dispose of the representation of the Petitioner dated 20.2.2016, on merits and in accordance with law, within a period of one month from the date of receipt of a copy of this order and the enquiry should be completed within a period of three months from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected MP is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To:

1.The Registrar of Cooperative Societies, Chennai-10.

2.The President, Chennai Central Cooperative Bank Limited, Chennai-109.

3.The Managing Director, Chennai Central Cooperative Bank Limited, Chennai-109.

+1cc to Mr.N.Anand Venkatesh, Advocate, S.R.No.39597 +1cc to Mr.R.Bala Ramesh, Advocate, S.R.No.40145 +1cc to the Government Pleader, S.R.No.39714 WP.No.18903 of 2016 svi(CO) srg(03/08/2016)