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Madras High CourtWP/42086/2025dismissed

S.Palanisamy v. State Of Tamil Nadu

2025-11-10Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2025 CORAM :

THE HONOURABLE MR JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.47133 & 47135 of 2025 S.Palanisamy ... Petitioner Vs.

1.State of Tamil Nadu Rep.by its Secretary, Co operative Department, Secretariat, Chennai-9.

2.The Registrar of Co operative Societies, No.170, Periyar EVR Salai, Kilpauk, Chennai-10.

3.The Joint Registrar of Co operative Societies Common Cadre Authority, Salem Region, Collectorate, 4th Floor, Salem-1 4.The Administrator, S.1073 Kundukkal Primary Agricultural Co operative Credit Society Ltd, Kundukkal Post, Kadayampatty Taluk, Salem District.

... Respondents

Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd Respondent order in Appeal Petition No.8/2024 in R.C.No.35342/ 2024 P.A.C.S. dated 06.07.2025 confirming the order of 3rd Respondent in Na.Ka. No. 7481/2017 Ma.Va Dated 25.07.2024 quash the same and consequently direct the respondents to reinstate the petitioner in to service, and allowed to retirement with terminal benefits. For Petitioner : Mr.G.Punniakoti For R1 to R4 : Mr.V.Umakanth Government Advocate

ORDER

This Writ Petition has been filed challenging the order dated 06.07.2025 passed by the second respondent, thereby dismissing the appeal petition and confirming the order dated 25.07.2024 passed by the third respondent.

2.Heard the learned counsel appearing on either side and perused the materials available on record.

3.The petitioner, while he was working as Secretary in the fourth respondent Society, was suspended from service by an order dated 25.09.2017 on the allegation that the petitioner, along with others, had committed financial irregularities during the period from 05.05.2016 to

03.03.2017 to the tune of Rs.4,62,48,650/-. Therefore, an Enquiry Officer was appointed to conduct an enquiry. On receipt of the enquiry report, the petitioner was dismissed from service with effect from 25.09.2017 by an order dated 25.07.2024. Aggrieved by the same, the petitioner filed an appeal and the same was also dismissed and confirming the order passed by the third respondent. Now, the surcharge proceedings have also been initiated as against the petitioner for recovery of the alleged misappropriated amount. Pursuant to the enquiry report, an FIR has also been registered against the petitioner and the investigations is still pending. 4.This Court finds no irregularity in the order of dismissal of the petitioner from service.

The third respondent has followed all the procedures in accordance with law and has rightly dismissed the petitioner from service. It was also rightly confirmed by the second respondent. Once Fact Finding Committee and the Appellate Committee found the petitioner guilty, there is no question of judicial scrutiny unless the grounds of malafide, without jurisdiction and against the provisions of law. 5.In view of the above, this Court finds no infirmity or illegality in the order dated 06.07.2025 passed by the second respondent and the order dated 25.07.2024 passed by the third respondent.

lacks merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. No costs.

10.11.2025 Index : Yes/No Speaking Order : Yes/No : Yes / No Lpp To:

1. The Secretary, State of Tamil Nadu Co operative Department, Secretariat, Chennai-9.

2.The Registrar of Co operative Societies No.170, Periyar EVR Salai, Kilpauk, Chennai-10.

3.The Joint Registrar of Co operative Societies Common Cadre Authority, Salem Region, Collectorate, 4th Floor, Salem-1 4.The Administrator S.1073 Kundukkal Primary Agricultural Co operative Credit Society Ltd, Kundukkal Post, Kadayampatty Taluk, Salem District.

G.K.ILANTHIRAIYAN.

,J.

Lpp 10.11.2025