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Madras High CourtWP(MD)/7454/2021closed

Murugeswari.S v. The Joint Registrar Of Cooperative Societies

2022-01-12Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2022 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.7454 of 2021 and WMP(MD) No.5630 of 2021 S.Murugeswari Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, O/o Joint Registrar of Co-operative Societies, Collectorate Campus, Virudhunagar Region, Virudhunagar.

2.The Deputy Registrar of Co-operative Societies, O/o The Deputy Registrar of Co-operative Societies, Srivilliputhur Circle, Virudhunagar District.

3.The President, RA 362, Rajapalayam Municipal Scavenger Co-operative Thrift and Credit Societies, 267, North Malaiyadipatti, Municipal Colony, Rajapalayam, Virudhunagar District.

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of suspension passed by the third respondent, dated 03.03.2021 and quash the same and consequently direct the respondents to reinstate the petitioner in service.

For Petitioner :Mr.D.Shanmugaraja Sethupathi For R1 & R2 :Mr.J.Ashok, Additional Government Pleader For R3 : Mr.Jothibasu

O R D E R

This writ petition is filed challenging the order of suspension, dated 03.03.2021.

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2.The case of the petitioner is that while she was working as Secretary in the respondent Society, she was placed under suspension on 03.03.2021. The grievance of the petitioner is that even after submission of explanation for each and every allegation and also a representation, the same was not considered by the respondent. Hence, the petitioner is before this Court with the present writ petition.

3.The learned counsel appearing for the respondents fairly submits that domestic enquiry was conducted and the charges levelled as against the petitioner were proved and the petitioner was also removed from service.

4.The learned counsel for the petitioner submits that during the suspension period, the petitioner was not paid with any subsistence allowance.

5.In view of the submission made by the learned counsel appearing for the respondent that the petitioner has already been removed from service, nothing survives for further adjudication in this writ petition.

6.Accordingly, this writ petition is closed. The respondent shall serve the copy of the dismissal order to the petitioner, within a period of two weeks from the date of receipt of a copy of this order. It is always open to the petitioner, to challenge the order of dismissal, if she is so advised. Since it is represented that no subsistence allowance has been paid to the petitioner, during the suspension period, the respondents shall pay the subsistence allowance, if any due to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) vrn Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The Joint Registrar of Co-operative Societies, O/o Joint Registrar of Co-operative Societies, Collectorate Campus, Virudhunagar Region, Virudhunagar.

2.The Deputy Registrar of Co-operative Societies, O/o The Deputy Registrar of Co-operative Societies, Srivilliputhur Circle, Virudhunagar District.

3.The President, RA 362, Rajapalayam Municipal Scavenger Co-operative Thrift and Credit Societies, 267, North Malaiyadipatti, Municipal Colony, Rajapalayam, Virudhunagar District.

1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-1816[F] dated 20/01/2022 ) +1 CC to M/s.SPL.GP ( SR-1720[F] dated 19/01/2022 ) +1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-1760[F] dated 19/01/2022 ) W.P(MD) No.7454 of 2021 and WMP(MD) No.5630 of 2021 12.01.2022 RD(03.03.2022) 3P 7C 3/3