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Madras High CourtWP(MD)/9813/2021dismissed

Ramachandran.S.K v. The Joint Registrar Of Cooperative Society

2025-10-28Honourable Mr Justice Abdul Quddhose7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD) Nos.7541 & 7542 of 2021 S.K.Ramachandran ... Petitioner -vs1.The Joint Registrar of Cooperative Society Tirunelveli Tirunelveli District 2.The Managing Director 0.965, Sankarankovil Agricultural Marketing Society Limited Sankarankovil, Tenkasi District 3.The President 0.965, Sankarankovil Agricultural Marketing Society Limited Sankarankovil, Tenkasi District

4.0.965, Sankarankovil Agricultural Marketing Society Limited rep.by its President Sankarankovil, Tenkasi District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records of the impugned order passed by the 2nd respondent dated 11.06.2018 and the consequential impugned order passed by the 1st respondent in Na.Ka.No.8348/2018 dated 03.10.2020 and quash the same as illegal.

For Petitioner :

Mr.R.J.Karthick For Respondents :

Mr.A.Baskaran Additional Government Pleader

O R D E R

This writ petition has been filed challenging the impugned orders dismissing the petitioner from service.

2. The petitioner was working as an Accountant / Manager (Incharge) in the respondent - Society. Charges were framed against him in the disciplinary proceedings, on the ground that the petitioner was responsible for the theft of 2450 paddy bags. It is also represented by the learned counsel for the petitioner that the petitioner had paid a sum of Rs.10,00,000/- to the respondent - Society under protest, even though the petitioner was not responsible for the theft. He would also submit that other persons were also involved in dealing with the paddy bags belonging to the respondent - Society, namely, Managing Director and other responsible officers. Learned counsel for the petitioner claims that the petitioner has been selectively targeted by the respondent - Society and he would also submit that the petitioner is innocent of the charges framed against him in the disciplinary proceedings.

3. On the last hearing date i.e., on 24.10.2025, this Court directed the learned counsel to produce any evidence to show that the said sum of Rs.10,00,000/- was paid by the petitioner under protest or any admission made by the respondent - Society in the enquiry proceedings that the said amount was paid by the petitioner only under protest.

4. However, learned counsel for the petitioner is unable to produce any evidence before this Court for the petitioner having paid the sum of Rs.10,00,000/- to the respondents under protest.

5. Only based on the evidence available on record, the Enquiry Officer in the enquiry proceedings held that the petitioner is guilty of the charges framed against him in the disciplinary proceedings. The appeal preferred by the petitioner to the first respondent against the impugned order passed by the second respondent also got dismissed. Thereafter, a review petition was also filed by the petitioner before the first respondent and the said review petition also came to be dismissed under the impugned order dated 03.10.2020.

6. This Court cannot re-appreciate the evidence, when only based on the evidence available on record, the respective respondents have passed the impugned orders dismissing the petitioner from service. Unless and until the findings of the respective respondents are perverse, this Court, through this writ petition filed under Article 226 of the Constitution of India, cannot

interfere with the impugned orders. For the foregoing reasons, this Court does not find any merit in this writ petition.

7. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 28.10.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Joint Registrar of Cooperative Society, Tirunelveli, Tirunelveli District.

2.The Managing Director, 0.965, Sankarankovil Agricultural Marketing Society Limited, Sankarankovil, Tenkasi District.

3.The President, 0.965, Sankarankovil Agricultural Marketing Society Limited, Sankarankovil, Tenkasi District.

4.The President, 0.965, Sankarankovil Agricultural Marketing Society Limited, Sankarankovil, Tenkasi District.

ABDUL QUDDHOSE, J.

krk and W.M.P.(MD) Nos.7541 & 7542 of 2021 28.10.2025