K.Jayasri v. The Joint Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.18559 of 2021 and W.M.P.Nos.19801 to 19803 of 2021 (Through Video Conferencing) K.Jeyasri ... Petitioner Vs 1.The Joint Registrar of Cooperative Societies, Krishnagiri Region, Krishnagiri, Krishnagiri District.

2.The Managing Director/ Cooperative Sub Registrar, The Kaveripatnam Cooperative Town Bank Ltd, No.K.5918, No.11/64, Pillaiyar Kovil Street, Kaveripatnam - 635 112, Krishnagiri District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the 2nd respondent in his proceedings No.Nil dated 01.02.2021 and quash the same and consequently directing the respondents to reinstate the petitioner into service along with backwages, attendant benefits and other monetary benefits to the petitioner.

For Petitioner : Mr.C.Prakasam For Respondents: Mr.L.S.M.Hasan Fizal Government Advocate for R1 Mr.L.P.Shanmugasundaram for R2

ORDER

The petitioner was placed under suspension by an order dated 01.02.2021. It is the case of the petitioner that the petitioner has not been paid subsistence allowance and that the petitioner had given an explanation to the respondents and https://hcservices.ecourts.gov.in/hcservices/

further written representation on 19.04.2021. However, the explanation of the petitioner has been rejected by the respondent on 10.08.2021. The petitioner submits that an another representation dated 23.08.2021 was given thereafter the petitioner has come to this Court to quash the suspension order dated 01.02.2021 and to reinstate the petitioner. 2.The learned counsel for the respondent submits that the disciplinary proceedings cannot be disturbed as show cause notice has been issued to the petitioner. Considering the fact that the petitioner was placed under suspension vide order dated 01.02.2021 and has not been paid subsistence allowance, this Court is inclined to direct the respondent to pay the subsistence allowance due to the petitioner in terms of the applicable by-laws and the rules governing the respondents. The respondents are however directed to complete the disciplinary proceedings within a period of four months from the date of receipt of a copy of this order.

3.Writ Petition stands disposed of.

No costs.

Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar jas To 1.The Joint Registrar of Cooperative Societies, Krishnagiri Region, Krishnagiri, Krishnagiri District.

2.The Managing Director/ Cooperative Sub Registrar, The Kaveripatnam Cooperative Town Bank Ltd, No.K.5918, No.11/64, Pillaiyar Kovil Street, Kaveripatnam - 635 112, Krishnagiri District.

+1cc to the Government Pleader Sr.45565 W.P.No.18559 of 2021 and W.M.P.Nos.19801 to 19803 of 2021 rsi[co] srg 27/10/2021 https://hcservices.ecourts.gov.in/hcservices/