C.Periyasamy v. Joint Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2016

CORAM:

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P. No. 24893 of 2016 and W.M.P. No. 21263 of 2016 C.Periyasamy ... Petitioner

Versus

1. Joint Registrar of Co-operative Societies, Erode Region, Erode.

2. The Deputy Registrar of Co-operative Societies, Erode Circle, Erode - 638 009.

3. P.E.65 Modakurichi Circle Teachers and Public Servants Co-operative Thrift and Credit Society Limited, Rep. by its President, No.7, Kootturavu Poonga (Co-operative Park) Modakurichi - 638 104.

Erode District.

... Respondents Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorari, to call for the records connected with the entire disciplinary proceedings through the Charge Memo dated 23.10.2015 of the 3rd respondent and to quash the entire disciplinary proceedings. For Petitioner :

Mr. R. Jeyaram For Respondents :

Mr. L.P. Shanmugasundaram for RR1&2

ORDER

By consent, the writ petition is taken up and disposed of in the admission stage itself.

2. Mr. L.P. Shanmugasundaram, learned counsel takes notice on behalf of the respondents 1 and 2.

3.

The petitioner joined as Secretary in the 3rd respondent society on 16.06.1990 and he retired on 31.01.2015 on attaining the age of superannuation. When he approached the President of the 3rd respondent on 04.02.2015 requesting to disburse all the retirement benefits including the monthly salary for January 2015, he was served with an order of suspension dated 30.01.2015. In other words, the order of suspension dated 30.01.2015 was served on the petitioner on 04.02.2015 after his retirement on 31.01.2015. The petitioner was also informed by the president of the third respondent society that since an enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 is contemplated against the petitioner, the retirement benefits would be disbursed only after conclusion of such proceedings.

Thereafter, the petitioner made a representation to the 2nd respondent stating that the pendency of an enquiry under Section 81 of the Tamil Nadu State Co-operative Societies Act is not a bar for him to get the retirement benefits and requested the respondents to disburse the retirement benefits with interest @ 18% per annum inasmuch as there is a delay in disbursing the same. As the terminal benefits have not been paid to him, the petitioner filed a writ petition in W.P. No. 32584 of 2015 to quash the order of the 3rd respondent and to direct the 3rd respondent to disburse his salary for the month of January 2015 and all the retirement benefits. While so, pending writ petition No. 32584 of 2015, a notice dated 07.09.

2015 was issued under Section 87 of the Tamil Nadu Cooperative Societies Act, thereby surcharge proceedings have been initiated against the petitioner. Aggrieved by the same, the petitioner has filed an appeal in C.M.A.No.30 of 2015 before the learned Principal District Judge, Erode (Co-operative Tribunal). In the meantime, charges were framed against the petitioner on 23.10.2015. Challenging the same, the petitioner has filed the present writ petition.

4.

On 30.11.2015, this Court disposed of WP No. 32584 of 2015 filed by the petitioner directing him to submit one more representation by enclosing the copy of the order and relevant documents within two weeks and on receipt of the same, the second respondent was directed to pass orders regarding disbursement of the retirement benefits. On the basis of the said order, the petitioner has submitted a representation to the third respondent society and the third respondent, after obtaining legal opinion, has reiterated that the terminal benefits will be paid to the petitioner after conclusion of the surcharge proceedings.

5.

In the meantime, surcharge proceedings have been conducted in which the petitioner has participated. Thereafter, on 20.05.2016, the third respondent has issued a second show

cause notice by enclosing the report of the inquiry officer and called upon the petitioner to submit his explanation within a period of fifteen days from the date of receipt of the same.

6. Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents 1 and 2. Admittedly, the petitioner has not challenged the second show cause notice dated 20.05.2016 issued by the third respondent. This writ petition has been filed on 22.06.2016. The petitioner has not submitted his explanation to the second show cause notice dated 20.05.2016 and filed this writ petition. At this stage, the learned counsel for the petitioner would contend that the petitioner may be permitted to submit his explanation to the second show cause notice dated 20.05.2016.

7.

The learned Special Government Pleader appearing for the respondents 1 and 2 would contend that the petitioner may be permitted to submit his explanation and it will be considered by the third respondent if no order has been passed pursuant to the second show cause notice dated 20.05.2016.

8.

Having regard to the above submission of the counsel for both sides, without expressing any opinion on merits, the petitioner is permitted to submit his explanation to the second show cause notice dated 20.05.2016 within a period of ten days from the date of receipt of a copy of this order. On receipt of the same, the third respondent shall consider it and pass appropriate orders on merits and in accordance with law after affording an opportunity to the petitioner, if there is no order passed pursuant to the issuance of the second show cause notice dated 20.05.2016. No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ogy

To

1. The Joint Registrar of Co-operative Societies, Erode Region, Erode.

2. The Deputy Registrar of Co-operative Societies, Erode Circle, Erode - 638 009.

3. The President, Modakurichi Circle Teachers and Public Servants Co-operative Thrift and Credit Society Limited, Rep. by its President, No.7, Kootturavu Poonga (Co-operative Park) Modakurichi - 638 104.

Erode District.

+ 1 cc to Mr.L.P. Shanmugasundaram, Advocate SR.40686 + 1 cc to Mr.R. Jayaram, Advocate SR.40773 + 1 cc to Government Pleader Sr.40856 W.P.No.24893 of 2016 PUR(CO) Eu 28.7.16