R.M. Napoleon v. The Joint Registrar Of Co-Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.874 of 2025 R.M.Napoleon ... Petitioner Vs

1. The Joint Registrar of Co-operative Societies, Sivagangai Region, Sivagangai District.

2. The Circle Deputy Registrar of Co-operative Societies, Sivagangai Circle, Sivagangai District.

3. The Administrator, N.N.630, Kombukaranendhal Primary Agricultural Co-operative Credit Society, Kombukaranendhal, Manamadurai, Sivagangai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to implement the order passed by the first respondent dated 31.05.2018 in Na.Ka.No. 6447/2015/Sa.Pa. and consequently directing the third respondent to permit the petitioner to join duty as Assistant Secretary in the third respondent society.

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For Petitioner : Mr.C.Jeganathan For Respondent Nos.1 & 2 : Mr.D.Sasikumar Additional Government Pleader

O R D E R

The instant writ petition has been filed by Assistant Secretary of the third respondent Cooperative Credit Society seeking a mandamus directing third respondent to implement the orders of the first respondent dated 31.05.2018.

2. A perusal of the records reveal that the petitioner was dismissed from service on 15.10.2015 by the third respondent. The petitioner has challenged the said order before the first respondent. The first respondent has passed an order on 31.05.2018, set aside the order of dismissal and directed the third respondent to reinstate the petitioner in service and conduct fresh enquiry and to pay the subsistence for the suspension period.

3. The grievance of the petitioner is that order of the first respondent has not been complied and he has not been paid with subsistence allowance. 2/4

4. The learned Additional Government Pleader appearing for the respondents had pointed out that the petitioner never approached the third respondent society to seek reinstatement or for conducting fresh enquiry.

5. The facts captured above will clearly indicate that the order of the first respondent dated 31.05.2018 has not been implemented for the past six years.

6. In view of the above said facts, the third respondent herein is directed to comply with the orders of the first respondent dated 31.05.2018 by appointing an enquiry officer and the enquiry shall be completed within a period of four months from the date of appointment of the enquiry officer.

7. With the above said observations, this writ petition is disposed of. No costs.

30.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 3/4

R.VIJAYAKUMAR,J.

gvn To

1. The Joint Registrar of Co-operative Societies, Sivagangai Region, Sivagangai District.

2. The Circle Deputy Registrar of Co-operative Societies, Sivagangai Circle, Sivagangai District.

3. The Administrator, N.N.630, Kombukaranendhal Primary Agricultural Co-operative Credit Society, Kombukaranendhal, Manamadurai, Sivagangai District.

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