S.Kanimozhi v. The Registrar Of Co-Operative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2023

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.P.No.19899 of 2023 and W.M.P.No.19235 of 2023 S.Kanimozhi ..

Petitioner Vs.

1.The Registrar of Co-operative Societies, 170, Poonamallee High Road, Kilpauk, Chennai - 600 010.

2.The Joint Registrar of Co-operative Societies, Dharmapuri District - 636 705.

3.The Deputy Registrar of Co-operative Societies, Dharmapuri District - 636 705.

4.The President,

5.The Sub-Registrar of Co-operative Societies/ Enquiry Officer of Section 81, ..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus to calling for the records and quash the impugned suspension order dated 2.9.2022 passed by the 4th respondent and consequently direct all the respondents to reinstate the petitioner into service and direct all the respondents to release the salary which the petitioner entitled for the period from the date of suspension and pass such further or other orders.

For the Petitioner : Mr.S.S.Kumar For the Respondents : Mr.P.Baladhandayutham, Special Government Pleader for R1 to R3 Mr.J.Arunkumar Additional Government Pleader for R4 and R5

O R D E R

This writ petition has been filed challenging the suspension order dated 02.9.2022 passed by the fourth respondent and for consequential relief.

2. The grievance of the writ petitioner is that though she has been called for enquiry under Section 81 of Tamil Nadu Co-operative Societies Act, 1983, without indicating any reason for her suspension, the impugned suspension order has been passed.

3. On a perusal of the order impugned in this petition, it is seen that only after contemplating disciplinary action on the basis of serious complaints against the petitioner, suspension order was given. Though no specific allegations are found in the suspension order, the same came to be issued only for public interest. It is further seen that charges levelled against the petitioner will be issued separately. The very statement of the petitioner

was recorded in an enquiry under Section 81 of Tamil Nadu Co-operative Societies Act, 1983 before issuing the impugned order.

4. In such view of the matter, this Court is not inclined to entertain this writ petition. However, the respondents are directed to complete the disciplinary proceedings within a period of two months from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 06.07.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order ms

To 1.The Registrar of Co-operative Societies, 170, Poonamallee High Road, Kilpauk, Chennai - 600 010.

2.The Joint Registrar of Co-operative Societies, Dharmapuri District - 636 705.

3.The Deputy Registrar of Co-operative Societies, Dharmapuri District - 636 705.

4.The President, 5.The Sub-Registrar of Co-operative Societies/ Enquiry Officer of Section 81,

N.SATHISH KUMAR, J.

ms W.P.No.19899 of 2023 and W.M.P.No.19235 of 2023 06.07.2023