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Madras High CourtWP/21168/2025dismissed

R.Ravichandran v. Government Of Tamil Nadu

2025-06-13Honourable Mr.Justice C.Kumarappan9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-06-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP No. 21168 of 2025 and WMP Nos.23893, 23897 & 23899 of 2025 R.Ravichandran Petitioner(s) Vs 1.Government of Tamil Nadu Ministry of Handlooms and Textile, Represented by its Secretary to Government, Secretariat, Chennai-09.

2.The Director of Handloom Office of Director of Handloom, Chennai House, 4th Floor, Office of District Collector, Salem- 636 001.

3.Deputy Director Handloom Department, 4th Floor, Room No.407, Office of District Collector, Salem- 636 001.

4.The Handloom Inspector/ Domestic Enquiry Officer, Handloom Department, Office of Deputy Director Room No.407, 4th Floor, District Collectorate, Salem- 636 001.

5.The Administrator 1/9

Salem Silk Handloom Weavers Co-Operative Production and Sale Society Ltd., 83/34, 2nd Agraharam, Salem-636 001.

6.The Joint Registrar, Office of Registrar of Cooperative Societies, NV Natarajan Maligai, No.170, Periyar E.V.R. High Road, Kilpauk, Chennai-10.

Respondent(s) PRAYER Calling for the records in the order of Suspension passed by 5th Respondent dated 21.03.2024 and the order of Termination passed by the 5th respondent in Na.Ka.No.3/2025/Salem S.1227 dated 27.05.2025, quash the same and consequently direct the 5th respondent to allow the petitioner to join service and permit to superannuate on 30.06.2025.

For Petitioner(s):

Mr.Naveen Kumar Murthi For M/s. S.Varsha For Respondent(s): Mr.G.Nanmaran, SGP For R1 to R4 Mr.S.Prabhakaran, Govt.Advocate For R5

O R D E R

The instant writ petition has been filed challenging the suspension order dated 21.03.2024, and the termination order dated 27.06.2025 passed by the 5th respondent. The petitioner seeks a direction to the 5th respondent to allow him to join service and permit him to superannuate on 30.06.2025. 2/9

2. The learned counsel for the petitioner would submit that the petitioner was appointed as a Clerk through the Employment Exchange in the Salem Silk Handloom and Weavers Co-operative Society, Salem and at the time of suspension, he held the position of Manager-cum-Supervisor.

3. It is the submission of the petitioner that based on a false charge, he was suspended on 21.03.2024. Thereafter, an inquiry was conducted, and the Inquiry Officer submitted a report on 09.05.2024. The petitioner provided further explanations to the Disciplinary Authority, following which an order of removal from service was passed on 27.05.2025.

4. The learned counsel for the petitioner specifically submits that he was made scapegoat, even though the Inquiry Officer's report clearly states that the petitioner is not responsible for any monetary loss. Despite recording the petitioner's innocence, shockingly disproportionate punishment of removal of service was imposed. Therefore, prayed to interfere with the same.

5. Per contra, the learned Special Government Pleader appearing on 3/9

behalf of the respondents 1 to 4 would strongly object the maintainability of this writ petition on the ground of availability of alternate remedy by way of appeal and revision under Sections 152 and 153 of the Tamil Nadu Cooperatives Societies Act, 1983. He further submits that all due procedures were followed in arriving at the final conclusion, therefore there are no grounds to interfere with the impugned orders.

6. I have given my anxious consideration to the submissions made by both sides.

7. As rightly contended by the learned Special Government pleader, an alternate remedy by way of Appeal and Revision are available to the petitioner under Sections 152 and 153 of the Tamil Nadu Co-operatives Societies Act, 1983. Accordingly, this Court has apprehensions about entertaining the writ petition. However, the learned counsel for the petitioner would submit that the petitioner, having served the institution for 30 years, was unceremoniously removed on flimsy and false charge. Therefore, the learned counsel requests liberty of this Court, for the petitioner to approach the Revisional Authority with a direction to consider his interim application 4/9

under Section 153(3) within a reasonable time.

8. In view of the said submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the petitioner to submit revision on or before 18.06.2025. If such a revision application is filed along with any interim application, the Revisional Authority is directed to consider and dispose of the interim application on or before 25.06.2025 according to its own merits and in accordance with law.

9. In view of the above directions, this Writ Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed. 13-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni Note: Registry is directed to issue order copy on 13.06.2025. 5/9

To 1.Government Of Tamil Nadu Ministry Of Handlooms And Textile, Rep By Its Secretary To Government, Secretariat, Chennai-09.

2.The Director Of Handloom Office Of Director Of Handloom, Chennai House, 4th Floor, Office Of District Collector, Salem- 636 001.

3.Deputy Director Handloom Department, 4th Floor, Room No.407, Office Of District Collector, Salem- 636 001.

4.The Handloom Inspector / Domestic Enquiry Officer, Handloom Department, Office Of Deputy Director Room No.407, 4th Floor, District Collectorate, Salem636 001. 5.The Administrator Salem Silk Handloom Weavers CoOperative Production And Sale Society Ltd, 83/34, 2nd Agraharam, Salem-636 001.

6.The Joint Registrar Office Of Registrar Of Cooperative Societies, Nv Natarajan Maligai, No.170, Periyar E.V.R. High Road, Kilpauk, Chennai-10.

C.KUMARAPPAN J.

6/9

Jeni 13.06.2025 7/9

and W.M.P.Nos.23893, 23897 and 23899 of 2025 C.KUMARAPPAN, J.

This case is listed today under the caption "for being mentioned".

2. The learned counsel for the petitioner would invite the attention of this Court, that there is an inadvertent error occurred in the order dated 13.06.2025, in respect of the termination order dated 27.06.2025 instead of 27.05.2025. Hence, Paragraph No.1 of the said order reads as under:- "1. The instant writ petition has been filed challenging the suspension order dated 21.03.2024, and the termination order dated 27.05.2025 passed by the 5th respondent. The petitioner seeks a direction to the 5th respondent to allow him to join service and permit him to superannuate on 30.06.2025."

3. Accordingly, the Registry is directed to issue a fresh order copy in W.P.No.21168 of 2025 dated 13.06.2025 after making necessary corrections.

18.06.2025 jas 8/9

C.KUMARAPPAN, J.

jas and W.M.P.Nos.23893, 23897 and 23899 of 2025 18.06.2025 9/9