T.M.Murugan v. The Joint Registrar Of Co Op.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3107 of 2018 and W.M.P(MD)No.3262 of 2018 T.M.Murugan ... Petitioner Vs.
1.The Joint Registrar of Co-operative Societies, Dindigul Region, O/F Joint Registrar of Co-operative Societies, Velunachiar Complex (Collectorate Complex) Dindigul.
2.The President, Disciplinary Action Committee, (The Joint Registrar of Co-operative Societies) O/F Joint Registrar of Co-operative Societies, Velunachiar Complex (Collectorate Complex) Dindigul.
3.DD 555, Kottampatti Primary Agricultural Co-operative Credit Society, At Kamatchipuram, Kottampatti Post, Dindigul 624 002.
Through its President.
4.Thiru S.Vijayakumar, Domestic Enquiry Officer, DD 555, Kottampatti Primary Agricultural, Cooperative Credit Society, At Kamatchipuram, Kottampatti Post, Dindigul 624 002.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the first and second respondents to pass necessary order to drop further action on the charge memo dated 22.11.2017 issued by the third respondent to the petitioner.
For Petitioner : Mr.T.Ravichandran For Respondents : Mr.J.Gunaseelanmuthiah Addl. Govt. Pleader for R1 Mr.C.G.Pethanaraj for R3 & R4 No appearance for R2
O R D E R
The petitioner is employed in the third respondent society as Secretary. He is aggrieved by the issuance of a charge memo dated 22.11.2017 by the President of the said Society. An enquiry officer has also been appointed. The petitioner wants the respondents 1 and 2 to pass orders for dropping the further action. 2.It is true that the Registrar of Co-operative Societies had issued a circular dated 09.02.2016 containing a set of instructions. Clause 15 of the said circular is relevant. It has been directed that in the disciplinary action review committee will be constituted for every district so as to prevent arbitrary action by the President of the concerned society. In this case, the President had issued a charge memo. The same has also been placed before the Review Committee.
It is admitted on either side that the Review Committee has issued notice and heard both parties. But the Review Committee has not passed any final order. Therefore, the Review Committee is directed to pass orders on the petition dated 29.11.2017 submitted by the petitioner in this regard. The disciplinary action initiated by the third respondent will abide by the out come of the said order. Till then, the disciplinary action initiated against the writ petitioner vide charge memo dated 22.11.2017 shall be kept in abeyance.
3.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Joint Registrar of Co-operative Societies, Dindigul Region, O/F Joint Registrar of Co-operative Societies, Velunachiar Complex (Collectorate Complex) Dindigul.
2.The President, Disciplinary Action Committee, (The Joint Registrar of Co-operative Societies) O/F Joint Registrar of Co-operative Societies, Velunachiar Complex (Collectorate Complex) Dindigul.
3.The President DD 555, Kottampatti Primary Agricultural Co-operative Credit Society, At Kamatchipuram, Kottampatti Post, Dindigul 624 002.
4.Thiru S.Vijayakumar, Domestic Enquiry Officer, DD 555, Kottampatti Primary Agricultural, Cooperative Credit Society, At Kamatchipuram, Kottampatti Post, Dindigul 624 002.
+1cc to M/S.T.Ravichandran, Advocate SR.No. 52462 +1cc to Special Government Pleader, SR.No. 53306 +1cc to M/S.R.Saravanan, Advocate SR.No. 52465 W.P.(MD)No.3107 of 2018 and W.M.P(MD)No.3262 of 2018 02.03.2018 skn JM/RSK/SAR 2/11.07.2018/3P/8C