K.Sivaraman v. The Additional Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:20.10.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NO.21956 OF 2021 (THROUGH VIDEO CONFERENCING) K.Sivaraman ... Petitioner Vs
1. The Additional Registrar of Co-operative Societies, Chennai Region, 91, St. Maries Road, Abiramapuram, Mylapore, Chennai - 04.
2. The Managing Director, North Madras Co-operative Wholesale Stores Limited, No.58, Ibrahim Salai, Chennai.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner representation dated 30.09.2021 and pay the subsistence allowance to the petitioner during the suspension period from 18.11.2019 to till date with interest of 14%.
For Petitioner : Mr.L.P.Shanmugasundaram For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate
ORDER
Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the respondents.
2. The petitioner was placed under suspension on 18.11.2019. It is the case of the petitioner that right after the petitioner
was placed under suspension, he has not been paid with the subsistence allowances. It is further case of the petitioner that the petitioner has been sending repeated representations and the last representation was sent by the petitioner to the second respondent on 30.09.2021. It is also noticed that the petitioner has also been issued with a charge memo dated 15.06.2020.
3. Considering the fact that the petitioner has been placed under suspension with effect from 18.11.2019, the respondents are directed to pay the arrears of subsistence allowances to the petitioner within a period of four weeks from the date of receipt of a copy of this order. Considering the fact that a charge memo has also been issued to the petitioner, the respondents are directed to complete the disciplinary proceedings within a period of six months from the date of receipt of a copy of this order.
4. The petitioner is directed to co-operate with the respondents in the aforesaid disciplinary proceedings. It is made clear that the disciplinary proceedings can be proceeded only further after the respondents start paying the subsistence allowance and arrears of subsistence allowance within the period stipulated above.
5. This Writ Petition stands disposed of with the above observations. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar arb To
1. The Additional Registrar of Co-operative Societies, Chennai Region, 91, St. Maries Road, Abiramapuram, Mylapore, Chennai - 04.
2. The Managing Director, North Madras Co-operative Wholesale Stores Limited, No.58, Ibrahim Salai, Chennai.
+1cc to the Government Pleader, S.R.No.53894 W.P.No.21956 of 2021 EV(CO) PM/21/10/2021