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Madras High CourtWP/20994/2026allowed

R.Sivakumar v. The Joint Registrar Of Cooperative Societies,

2026-06-11Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-06-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA R.Sivakumar ..Petitioner(s) Vs

1. The Joint Registrar of Cooperative Societies, Cuddalore Region, Cuddalore, Cuddalore District.

2. The Administrator, E.2665, C.Mutlur Primary Agricultural Cooperative Credit Society, C.Mutlur Post - 608102, chidambaram Taluk, Cuddalore District.

..Respondent(s) Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to reinstate the petitioner into service with all attendant benefits and other monetary benefits along with service conditions in the 2nd respondent society by taking note of the acquittal order passed by the Judicial Magistrate - I, Cuddalore in C.C.No.183 of 2011, dated 29.10.2025. For Petitioner(s):

Mr.C.Prakasam For Respondent(s):

Mr.AR Balaji, GA

ORDER

This Writ Petition has been filed for the following reliefs:- "directing the respondents to reinstate the petitioner into service with all attendant benefits and other monetary benefits along with service conditions in the 2nd respondent society by taking note of the acquittal order passed by the Judicial Magistrate - I, Cuddalore in C.C.No.183 of 2011, dated 29.10.2025." Brief Facts:-

2. The petitioner would submit that he was appointed as Salesman in the 2nd respondent Society on 07.12.1987 and was subsequently promoted as Clerk on 01.03.1997.

3. While the petitioner was in service, the Deputy Registrar of Cooperative Societies ordered an enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act. Based on the said enquiry report, the 2nd respondent initiated disciplinary proceedings against the petitioner and two other employees, namely the Secretary and Cashier. A domestic enquiry was conducted, and the Enquiry Officer had submitted a report holding that the charges levelled against the petitioner were not proved.

4. However, despite the said favourable enquiry report, the petitioner was terminated from service with effect from 30.09.2007. The said termination was published in a newspaper on 08.10.2007, without serving a copy of the termination order on the petitioner. The petitioner made repeated requests seeking a copy of the termination order to enable him to challenge the same by way of revision under Section 153 of the Tamil Nadu Cooperative Societies Act, but the same was not furnished.

5. The petitioner would further submit that, based on the aforesaid enquiry report, a criminal complaint was lodged against the petitioner and two other employees. After a full-fledged trial, the learned Judicial Magistrate, Cuddalore, by judgment dated 29.10.2025 in C.C.No.183 of 2011, acquitted the petitioner of all charges.

6. In the interregnum, the petitioner had approached the Labour Officer seeking reinstatement into service. The Labour Officer, after considering the Enquiry Officer's report holding that the charges levelled against the petitioner had not been proved, by proceedings dated 02.07.2008, directed the 2nd respondent to reinstate the petitioner into service. However, despite such direction, the petitioner has not been reinstated into service. Therefore, the petitioner had submitted a representation dated 23.12.2025 seeking reinstalment

into service. However, the said representation has not been considered to date. Hence, the present Writ Petition.

7. Heard the learned counsel on either side and perused the records.

8. A perusal of the records would show that in the Domestic Enquiry, the Enquiry Officer had concluded that the charges against the petitioner had not been proved. Despite this, the petitioner has been terminated from service. Thereafter, the Deputy Registrar of Cooperative Societies had lodged a police complaint against the petitioner and two others. After a full fledged trial, the learned Judicial Magistrate-I, Cuddalore, by judgment dated 29.10.2025 in C.C.No.183 of 2011, acquitted the petitioner of all charges. It is also seen that the Labour Officer, Cuddalore by proceedings dated 02.07.2008 had also directed the 2nd respondent to reinstate the petitioner into service. Despite which, to date, the 2nd respondent has not passed any orders on the petitioner's representation seeking reinstatement into service.

9. Considering the above, the 2nd respondent is directed to reinstate the petitioner into service with all attendant service and monetary benefits, taking into account the acquittal order passed by the learned Judicial Magistrate-I, Cuddalore in CC.No.183 of 2011 dated 29.10.2025, within a period of 8 weeks from the date of receipt of a copy of this order.

10.

Accordingly, the Writ Petition is allowed. No costs. 11-06-2026 Index: Yes/No Speaking/Non-speaking order SHR To

1. The Joint Registrar of Cooperative Societies, Cuddalore Region, Cuddalore, Cuddalore District.

2. The Administrator, E.2665, C.Mutlur Primary Agricultural Cooperative Credit Society, C.Mutlur Post - 608102, chidambaram Taluk, Cuddalore District.

P.T.ASHA J.

SHR 11-06-2026