M Raman v. The Special Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.35005 of 2004 and WPMP.No.42238 of 2004 M.Raman ... Petitioner Vs.

The Special Officer, D.D.158, Tamil Nadu State Transport Corporation (Salem Division-II) Employees Co-op. Thrift and Credit Society Limited, Bharathipuram, Salem Main Road, Dharmapuri-5.

... Respondent Writ Petition is filed under Article 226 of the Constitution of India to India for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned orders passed by the respondent in Proceedings No.Nil dated 25.8.2004 and 1.9.2004 and quash the same, thereby direct the respondent to regularise the suspension period of the petitioner from 2.1.2004 to 26.8.2004 as duty period.

For Petitioner : Mr.V.Jeevagiridharan For Respondent : Mr.L.P.Shanmugasundaram, Special Government Pleader

O R D E R

The petitioner was working as a Secretary under the respondent. While so, there was an enquiry, ordered by the Registrar under Section 81 of the Co-operative Societies Act alleging that investing in other Co-operative Societies without the permission of the Registrar is a misconduct. After the enquiry, the petitioner was placed under suspension. Thereafter, as per the report of the Enquiry Officer, the respondent reinstated him in service by an order dated 26.8.2004 and his services were also regularised for the suspension period. But by an order dated 25.8.2004, the petitioner was imposed a punishment of stoppage of increment for five years without cumulative effect.

Challenging the same, the petitioner is before this Court with this Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2.

In view of the law laid down by this Court in K.Marappan Vs. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal and another reported in 2006 (4) CTC

689, this Writ Petition as against the respondent is not maintainable.

3.

In view of the same, the Writ Petition is dismissed as not maintainable with liberty to the petitioner to work out his remedy in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is also closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar tsi To The Special Officer, D.D.158, Tamil Nadu State Transport Corporation (Salem Division-II) Employees Co-op. Thrift and Credit Society Limited, Bharathipuram, Salem Main Road, Dharmapuri-5.

+1cc to Mr.L.P.Shanmugasundaram, Advocate SR.No.64411 W.P.No.35005 of 2004 VD(CO) GN(09/10/2017) https://hcservices.ecourts.gov.in/hcservices/