M.Premalatha v. The Registrar Of Cooperative

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.(MD).No.11462 of 2018 and W.M.P.(MD)No.10446 of 2018 M.Premalatha

...Petitioner

Vs.

1.The Registrar of Co-operative Societies, Poonamallee High Road, Kilpauk, Chennai - 10.

2.The Managing Director/Joint Registrar, Tiruchirappalli District Central Co-operative Bank Limited, Trichy - 2.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records on the file of the second respondent in connection with the impugned order of suspension passed by him in his proceedings No.10/10-11.A1, dated 03.03.2016 and quash the same.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader

ORDER

Mr.N.Shanmuga Selvam, learned Additional Government Pleader takes notice for respondents.

2.By consent, the writ petition itself is taken up for final hearing.

3.The petitioner has filed this writ petition challenging the order of suspension, dated 03.03.2016, passed by the second respondent, after two years.

4.It is the case of the petitioner that as per Clause 13(ii) (c) of the Bylaw of the Society, no employee shall in case be kept under suspension for a period exceeding one year without the approval or ratification of the Registrar.

https://hcservices.ecourts.gov.in/hcservices/

5.It is the admitted fact that the petitioner has given a representation, dated 22.05.2018, to the second respondent, the Managing Director, Joint Registrar, Tiruchirappalli District Central Co-operative Bank Limited, Trichy, to revoke the suspension order, dated 03.03.2016 and that the same is pending. 6.Admittedly, as per Clause 13(ii) (c), no employee shall be kept under suspension for more than one year and therefore, the second respondent is directed to consider the petitioner's representation, dated 22.05.2018, as per Clause 13(ii) (c) of the Bylaw of the Society, within a period of two weeks from the date of receipt of a copy of this order, by giving personal opportunity of hearing to the petitioner. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To 1.The Registrar of Co-operative Societies, Poonamallee High Road, Kilpauk, Chennai - 10.

2.The Managing Director/Joint Registrar, Tiruchirappalli District Central Co-operative Bank Limited, Trichy - 2.

+1cc to M/S.G.Thalaimutharasu, Advocate SR.No. 66513 W.P.(MD).No.11462 of 2018 01.06.2018 ls/rj2 JM/SKN RSK/SAR 1/11.06.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/