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Madras High CourtWP/6931/2013disposed of

S.Palanisamy v. The Registrar Of Coop.

2016-10-07Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.10.2016

CORAM

THE HON'BLE MR.JUSTICE M.S.RAMESH W.P. No.6931 of 2013 and M.P.Nos.1 & 2 of 2013 S.Palanisamy .. Petitioner Vs 1.The Registrar of Co-op. Societies (Housing), Tamil Nadu Housing Board, II Floor, No.493, Anna Salai, Nandanam, Chennai 600 035.

2.The Special Officer, Perundurai Taluk Co-op. Housing Society, SLM/HSG-81, No.76, Agrahara Street, L.D.Bank Road, Perundurai, Erode District.

.. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Na.No.5895/2011/Sa.Pa.1 dated 17.09.2012 and quash the same and consequently direct the respondents to reinstate the petitioner into service with all attendant benefits and other backwages. For Petitioner :

M/s.V.Stalin A.Esakkiappan For R1 :

Mrs.T.Girija Government Advocate.

For R2 : Mr.L.P.Shanmugasundaram Spl.G.P.(Co-op.)

ORDER

Challenging the order dated 17.09.2012 passed by the first respondent, confirming the order of the second respondent dated 18.11.2010, this Writ petition has been filed.

2. The learned counsel for the petitioner would submit that challenging the suspension order dated 18.11.2010, the petitioner had filed a revision petition under Section 153 of the TNCS Act before the first respondent and the same was rejected on 31.10.2011. Challenging the said order, the petitioner had filed W.P.No.28322 of 2011, and through an order dated 22.12.2011, this Court had set aside the order of the first respondent and remitted the matter back to the first respondent for reconsideration. Thereafter, the first respondent had conducted the proceedings afresh and consequently passed the impugned order dated 17.09.2012 rejecting the claims of the petitioner.

3. The learned counsel for the petitioner placed reliance on the order passed by this Court on 15.02.2012 in W.P.No.25143 of 2011, in which, it was observed as follows: "14. The contention of the learned counsel for the petitioner therefore was that an employee of an Co-operative Society cannot be said to be a public servant to attract the provisions of the Prevention of Corruption Act.

15. On consideration, I find force in the contention raised by the learned counsel for the petitioner. Once the petitioner is not a public servant as defined under the provisions of Prevention of Corruption Act, 1988, there is a prima facie case in favour of the petitioner. The impugned order of suspension on the basis of involvement of the petitioner in a case under the Prevention of Corruption Act, therefore, cannot be sustained in law."

4. According to the learned counsel for the petitioner, the first respondent has not considered the aspect that the petitioner is not a public servant as defined under the provisions of Prevention of Corruption Act, 1988, and as held in the above order dated 15.02.2012. The learned counsel for the petitioner would further submit that he would not press on the various other grounds raised in the writ petition, but would be satisfied if the first respondent reconsiders the issue by taking into account, the order dated 17.09.2012.

5. Without going into the merits of the case, the impugned order dated 17.09.2012, is set aside to enable the first respondent to reconsider the petitioner's claim by taking into account, the order dated 15.02.2012 made in W.P.No.25143 of 2011. I make it clear that I have not expressed any of my views on the correctness or merits of the impugned order. The first respondent is hereby directed to pass a fresh order by taking into consideration the order of the Madras High Court dated 15.02.2012 in W.P.No.25143 of 2011 as extracted in paragraph 3 of this order and complete the said exercise, within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar kkd To 1.The Registrar of Co-op. Societies (Housing), Tamil Nadu Housing Board, II Floor, No.493, Anna Salai, Nandanam, Chennai 600 035.

2.The Special Officer, Perundurai Taluk Co-op. Housing Society, SLM/HSG-81, No.76, Agrahara Street, L.D.Bank Road, Perundurai, Erode District.

1CC to M/S.V.Stalin, Advocate SR.57825 1CC to M/S.L.P.Shanmugasundaram, Advocate SR.58283 1CC to Government Pleader SR.58171 W.P.No.6931 of 2013 and M.P.Nos.1 & 2 of 2013 GMI(CO) CS 12/11/2016