N.Kalyana Sundaram, v. The Deputy Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2016

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.No.9996 of 2016 N.Kalyana Sundaram .. Petitioner Vs 1.The Deputy Registrar of Cooperative Societies, Office of the Deputy Registrar of Cooperative Societies, No.52, Kasukkara Chetty Street, Mannargudi, Thiruvarur District.

2.The President, ZC-94, Sithamallee Primary Agricultural Cooperative Credit Society, Sithamallee, Mannargudi Taluk, Thiruvarur District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records of the second respondent in his proceedings dated 31.01.2016 not permitting the petitioner to retire from service (posted on 01.02.2016 and served on the petitioner on 10.02.2016) and quash the same and to direct the respondents to settle all the service benefits.

For petitioner : Mr.G.Ilamurugu For Respondents : Mr.L.P.Shanmughasundaran, Spl.GP

O R D E R

By way of filing this writ petition, the petitioner seeks to quash the impugned proceedings dated 31.01.2016 passed by the second respondent / the President, Sithamallee Primary Agricultural Co-operative Credit Society, Thiruvarur District, in not permitting him to retire from service, on the ground that the respondents cannot retain him in service after the age of retirement without therebeing any provision either under the Tamil Nadu Co-operative Societies Act, 1983, or under the Bye-

Laws enacted by them. Learned counsel has also produced a judgment of the Hon'ble Division Bench of this Court in the case of R.Murugesan v. the Joint Registrar of Coop. Societies (2014

(2) CWC 31), wherein it is held as follows at paragraph 7: "7. In yet another judgment of this Court made in W.P.No.27170 of 2011, dated 29.11.2013, wherein one of us (NPV, J) is a member, a similar issue was considered in the light of the decision reported in P.Thangavel v. The Chairman, Common Cadre Committee/Joint Registrar of Co-operative Societies, 2012 (3) CTC 488; and M.K.S.Balasubramanian's case was also considered and all other decisions on that legal point, have been submitted and this Court held that the Co-operative Employee cannot be kept under suspension beyond the date of superannuation, as there is no provision either under the Tamil Nadu Cooperative Societies Act or under the Bye-Laws and granted liberty to initiate surcharge proceedings for the alleged loss."

2. A mere perusal of the above observation, no doubt, makes it clear that the Co-operative Employee cannot be kept under suspension beyond the date of superannuation as there is no provision either under the Tamil Nadu Co-operative Societies Act or under the Bye-Laws. But, in the present case, as per the Special Bye-Laws of the Primary Agricultural Co-operative Credit Society Limited, an employee, who is under suspension, shall not be allowed to retire from service. For better appreciation, Rule 31(4) of the Special By-Laws of the Society is extracted below:

"(4) The employee under suspension shall not be allowed to retire on attaining the age of superannuation. His suspension shall be deemed to have been extended till the disposal of the disciplinary proceedings against him. During the extended period, the service rights accrued to the employee shall freeze on the date of superannuation and the employee shall not be entitled for subsistence allowance."

3. From the above said provision, it is clear that an employee, who is under suspension, shall not be allowed to retire on attaining the age of superannuation and it further says that his/her suspension shall be deemed to have been extended till the disposal of the disciplinary proceedings against him/her. Therefore, the above said judgment relied on

by the counsel appearing for the petitioner cannot support the present case. On this score, I find no merit in the writ petition filed by the petitioner.

4. It is also brought to the notice of this Court by the learned counsel for the petitioner that the respondents have already initiated surcharge proceedings under section 87 of the Tamil Nadu Co-operative Societies Act, 1983. Therefore, a joint request was made by the counsel appearing on either side that a direction may be issued to the respondents to finalize the disciplinary proceedings as well as surcharge proceedings within a time frame. Recording such submission, this Court directs the respondents to complete the disciplinary proceedings as well as the surcharge proceedings pending against the petitioner within a period of six weeks from the date of receipt of a copy of this order. The petitioner is also directed to cooperate with the respondents for completion of the same.

5. In fine, for the reasons stated above, the writ petition fails and the same is dismissed. No Costs. WMP No.8951 of 2016 is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Deputy Registrar of Cooperative Societies, Office of the Deputy Registrar of Cooperative Societies, No.52, Kasukkara Chetty Street, Mannargudi, Thiruvarur District.

2.The President, ZC-94, Sithamallee Primary Agricultural Cooperative Credit Society, Sithamallee, Mannargudi Taluk, Thiruvarur District.

+1cc to Mr.L.P.Shanmugasundaram, Advocate, S.R.No.17529 +1cc to Mr.G.Ilamurugu, Advocate, S.R.No.17182 +1cc to the Government Pleader, S.R.No.17344 W.P.No.9996 of 2016 kk(CO) srg(11/04/2016)