M.Krishnamoorthy v. The Deputy Registrar Of Co-Operative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and WMP.Nos.32229 & 32231 of 2023 M.Krishnamoorthy ... Petitioner Vs.

1.The Deputy Registrar of Cooperative Societies, Collectorate Complex, Thirupattur 2.Cooperative Sub Registrar / Administrator, Chettiyappanur Primary Agricultural Cooperative Society, Chettiyappanur, Vaniyampadi Taluk, Thirupattur District 3.The Domestic Enquiry Officer, Chettiyappanur, Vaniyampadi Taluk, Thirupattur District ... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records of the proceedings of the second respondent dated 25.10.2023 and to quash the same and consequently to furnish the documents relating to the charges and also subsistence allowance to the petitioner vide his representation dated 12.10.2023 and 30.10.2023.

For Petitioner : Mr.M.Arunkumar For Respondents For R1 & 3 : Dr.T.Seenivasan, Special Government Pleader For R2 : Mr.K.Karthik Jagannath, Government Advocate

ORDER

This writ petition has been filed challenging the proceedings of the second respondent dated 25.10.2023 thereby ordered for domestic enquiry appointing an enquiry officer.

2.

The petitioner while he was working as Assistant in the second respondent society and also vested with post of Secretary, he was placed under suspension on 16.03.2023. Thereafter, the first respondent ordered for statutory enquiry as contemplated under Section 81 of Tamilnadu Cooperative Societies Act. However, now the second respondent ordered for domestic enquiry even without furnishing any copies and without paying any subsistence allowance.

3.

As directed by this Court, the second respondent is present before this Court today and it is reported that the petitioner has been paid subsistence

allowance along with entire arrears. He was also issued letter dated 13.01.2024 thereby directed the petitioner to approach the second respondent for receiving the copies.

In view of the above, the petitioner is directed to visit the Office of the second respondent within a period of one week from today and the second respondent is directed to furnish copies of all the relevant documents which are connected to charge memo issued against the petitioner. After furnishing copies, the petitioner is at liberty to submit his explanation. After receipt of explanation, the second respondent is directed to conduct domestic enquiry against the petitioner.

5.

With the above directions, this writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

18.01.2024 Index :Yes/No (1⁄2) Internet : Yes/No Speaking order/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok To 1.The Deputy Registrar of Cooperative Societies, Collectorate Complex, Thirupattur 2.Cooperative Sub Registrar / Administrator, Chettiyappanur Primary Agricultural Cooperative Society, Chettiyappanur, Vaniyampadi Taluk, Thirupattur District 3.The Domestic Enquiry Officer, Chettiyappanur, Vaniyampadi Taluk, Thirupattur District 18.01.2024