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Madras High CourtWP/16745/2020disposed of

M.Sambanthan v. The Joint Registrar Of Co-Operative Societies

2023-10-04Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2023

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.16745 of 2020 and W.M.P.No.20764 of 2020 M.Sambanthan, M/48 S/o.K.Masilamani No.3/890/1, Samadhanapuram SIPCOT Housing Colony Backside Mookkandapalli Post Hosur Taluk Krishnagiri District ... Petitioner /Vs/ 1.The Joint Registrar of Co-operative Societies Vellore Region, Vellore Vellore District.

2.The Managing Director Vellore District Central Co-operative Bank Vellore, Vellore District.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the first Respondent in 1/6

his proceedings Na.Ka.3607/2020/A2 dated 28.09.2020 and quash the same and consequently direct the first Respondent to entertain the Statutory Revision filed by the Petitioner on 10.08.2020 and dispose the same on merits.

For Petitioner :

Mr.C.Prakasam For Respondents :

Ms.P.Rajarajeswari (for R1) Government Advocate Mr.L.P.Shanmugasundaram (for R2)

ORDER

This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the first Respondent in his proceedings Na.Ka.3607/2020/A2 dated 28.09.2020 and quash the same and consequently direct the first Respondent to entertain the Statutory Revision filed by the Petitioner on 10.08.2020 and dispose the same on merits. 2.The Petitioner was working as Assistant Manager/Field Supervisor in the second Respondent's Bank at Vaniyambadi branch. During such course, disciplinary proceedings has been initiated against him for 2/6

unauthorised absence and for which, he was imposed with a punishment of stoppage of increment for three months. The Petitioner had filed Revision Petition against the said order on 10.08.2020 before the first Respondent. The same has been rejected by the first Respondent for the reason that Revision Petition has not been filed within a period of limitation. 3.Learned counsel for the Petitioner cited the judgment of this Court made in W.P.No.606 of 2011 dated 10.02.2011, wherein it is held that the first Respondent has got power to condone the delay on the Revision Petition filed by Petitioner and the first Respondent ought not to have rejected the Petition for the reason of delay. According to the learned counsel for the Petitioner, there is no limitation contemplated under Section 153 of Tamil Nadu Cooperative Societies Act. 4.Learned Government Advocate appearing for the first Respondent submitted that as per Section 153 of Tamil Nadu Cooperative Societies Act limitation period is 90 days.

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5.Heard the learned counsel appearing on either sides and perused the available records.

6.In the present case, the Petitioner has filed revision Petition after nearly 10 years from the date of punishment. The impugned order has been passed simply stating that the Revision Petition has not been filed within a stipulated time limit. The Petitioner has also not filed any Petition along with Revision Petition, to condone the delay. 7.In view of the judgment stated supra, the first Respondent has got powers to condone the delay, however, only on merits. Hence, the Petitioner is at liberty to file a Petition to condone the delay in filing the Revision Petition. On receiving the same, the first Respondent shall consider the same on merits and pass order as to condonation of delay and depending upon the outcome of the said Petition, it is open to the first Respondent to take up the revision petition and pass necessary orders on merits.

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8.With the above direction, this Writ Petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. 04.10.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai To 1.The Joint Registrar of Co-operative Societies Vellore Region, Vellore Vellore District.

2.The Managing Director Vellore District Central Co-operative Bank Vellore, Vellore District.

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R.N.MANJULA, J.

sai W.P. No.16745 of 2020 and W.M.P.No.20764 of 2020 04.10.2023 6/6