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Madras High CourtWP(MD)/5444/2026disposed of

Rajalingam v. The Commissioner

2026-02-27Honourable Mr Justice B.Pugalendhi7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.02.2026

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.5444 of 2026 and WMP(MD)Nos.4567 and 4569 of 2026 Rajalingam ... Petitioner Vs.

1. The Commissioner, Tamil Nadu Cooperative Milk Producers Federation Limited, Nandhanam, Chennai 600035.

2. The Deputy Registrar (Dairy), Aavin Illam, Kumarasamy Raja Nagar, Collectorate Campus, Virudhunagar, Virudhunagar District..

3. The Senior Inspector, R 56 Rajapalayam Milk Producers Cooperative Society Ltd, No 96 Kamaraj Nagar, Rajapalayam, Virudhunagar District 626 117.

... Respondents 1/7

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records in pursuant to the impugned Suspension order of the 3rd respondent, dated 13.09.2024 and quash the same as illegal and in violation of Principles of Natural Justice and to consider petitioner's representation dated 13.11.2024.

For Petitioner : Mr.G.Kalidoss For R1 : Mr.C.Venkatesh Kumar, Special Government Pleader For R2 and R3 : Mr.M.Thirunavukkarasu Standing Counsel

ORDER

The petitioner, working in the R56, Rajapalayam Milk Producers Co-operative Society Ltd., has been placed under suspension, by the order impugned in this writ petition dated 13.09.2024 and the same is kept pending without any review. Therefore, the petitioner has filed this writ petition.

2. According to the petitioner, the charge memo has not yet been issued and he is facing a prolonged suspension for more than 6 months that needs to be reviewed.

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3. Mr.M.Thirunavukkarasu, learned Standing Counsel, who takes notice for the respondents 2 and 3, submits that the petitioner has been placed under suspension pursuant to a criminal case which was registered in Crime No.1 of 2024 on the file of the Economic Offences Wing (EOW), Virudhunagar. The said case has been registered based on the complaint of the Deputy Registrar (Dairy), Virudhunagar that the petitioner and six others have caused loss to the Society to the tune of Rs.1,17,42,104/- between the period from 01.04.2020 to 31.12.2021. He further submits that apart from the criminal case, an enquiry under Section 81 of the Act was conducted and in the enquiry report, they found that the allegations made as against the petitioner are proved and therefore, he was placed under suspension. The learned counsel further submits that the allegations as against the petitioner are grave in nature and therefore, he is not entitled for review of suspension order.

4. This Court considered the rival submissions made.

5. When this Court verified with regard to the disciplinary 3/7

proceedings, if any, commenced as against the petitioner by issuing a charge memo, the learned Standing Counsel seeks for a short accommodation to ascertain as to whether any charge memo has been issued or not.

6. It appears that the case in Crime No.1 of 2024 is also pending at the stage of investigation and the respondents, who placed the petitioner under suspension, has not issued any charge memo till date. The respondents claim that the allegations as against the petitioner are grave in nature. However, the respondents have not taken any steps for ensuring the conclusion of the disciplinary proceedings and for ensuring the filing of the final report in the criminal case.

7. The petitioner claims that he has rendered 27 years of unblemished service in the respondent Society. He claims that he is innocent, however, he has been falsely roped in this case in Crime No.1 of 2024. The petitioner, who has been placed under suspension on 13.09.2024, is kept under suspension for more than a year without any review.

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8. Therefore, this writ petition is disposed of with a direction to the Inspector of Police, Economic Offences Wing (EOW), Virudhunagar, to conclude the investigation within a reasonable time, not less than six months from the date of receipt of a copy of this order. The respondents shall also issue a charge memo, based on the available materials and proceed with the disciplinary proceedings and conclude the disciplinary proceedings as expeditiously as possible within a period of six months. The petitioner is entitled for subsistence allowance pending the enquiry. No costs. Consequently, connected miscellaneous petitions are closed. 27.02.2026 ogy Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

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To

1. The Commissioner, Tamil Nadu Cooperative Milk Producers Federation Limited, Nandhanam, Chennai 600035.

2. The Deputy Registrar (Dairy), Aavin Illam, Kumarasamy Raja Nagar, Collectorate Campus, Virudhunagar, Virudhunagar District..

3. The Senior Inspector, R 56 Rajapalayam Milk Producers Cooperative Society Ltd, No 96 Kamaraj Nagar, Rajapalayam, Virudhunagar District 626 117.

Copy to:

4. The Inspector of Police, Economic Offences Wing (EOW), Virudhunagar.

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B.PUGALENDHI, J.

ogy WP(MD) No.5444 of 2026 27.02.2026 7/7