C.Selvarathinam v. The Principal Secretary To Govt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 21.06.2019

CORAM:

THE HONOURABLE MR. JUSTICE DR.G.JAYACHANDRAN Writ Petition No.17576 of 2019 and W.M.P.No.17051 of 2019 C.Selvarathinam ... Petitioner Vs 1.The Principal Secretary to Government, Public and Rehabilitation Department, Government of Tamil Nadu, And Chairman, REPCO Bank, Fort St.George, Chennai-600001.

2.The Repatriate Cooperative Finance and Development Bank Ltd, (REPCO Bank), Rep., by its Managing Director, Having Office at No.33, North Usman Road, T.Nagar, Chennai 600017

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari or any other appropriate writ, or direction or order in the nature of a Writ, calling upon the proceedings in Show Cause Notice in Na.Ka.No.Delegate/13/2019/PPT of the second respondent dated 13.06.2019 and quash the same.

For petitioner : Mr.B.Ullasavelan For Respondents : Mr.Ilangovan

O R D E R

The present writ petition is filed by the member of the respondent society, challenging the Show Cause Notice on the ground that the Managing Director of the Repco Bank has no power to remove a member as per bye- law.

https://hcservices.ecourts.gov.in/hcservices/

However, on reading the impugned order of the respondent, it is only a Show Cause Notice and it is not an order for removal of member. It is also brought to the notice of this court by the learned counsel appearing for the petitioner as well as the learned counsel for the respondents that pursuant to the Show Cause Notice, the petitioner has given his explanation dated 17.06.2019 and his explanation will be considered in accordance with law and no order will be passed without affording opportunity to the petitioner to justify his explanation.

Recording the same, the Writ Petition is disposed of with the direction to the respondent herein to act on the explanation given by the petitioner in accordance with law and pass appropriate order. No costs. Consequently, the connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sbn/rpl To 1.The Principal Secretary to Government, Public and Rehabilitation Department, Government of Tamil Nadu, And Chairman, REPCO Bank, Fort St.George, Chennai-600001.

2.The Repatriate Cooperative Finance and Development Bank Ltd, (REPCO Bank), Rep., by its Managing Director, Having Office at No.33, North Usman Road, T.Nagar, Chennai 600017.

+1cc to Mr.B.Ullasa Velan, Advocate Sr.51273 Writ Petition No.17576 of 2019 and W.M.P.No.17051 of 2019 ssd[co] srg 17/07/2019 https://hcservices.ecourts.gov.in/hcservices/