P.Selvaraj v. The Joint Registrar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD) No.8401 of 2020 P.Selvaraj : Petitioner Vs.
1. The Joint Registrar, Thanjavur Central Co-operative Bank,
2. The Deputy Registrar of Co-operative Societies, Pattukottai, 3.The Sub Registrar T.1203 Sethupavachatram Primary Agricultural Co-operative Credit Society Limited,
4. T.1203 Sethupavachatram Primary Agricultural Cooperative Credit Society Limited, Rep. by its President, : Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records of the impugned order passed by the 3rd respondent in Na.Ka.1/2017-2018 dated 19.06.2019 and impugned order passed by the 1st respondent in Na.Ka.No.3666/2019/SaPa (Revision Petition No.5/2019) dated 11.05.2020 and quash the same as illegal.
For Petitioner : Mr.R.J.Karthick For Respondents : Mr.N.Ramesh Arumugam, Government Advocate
O R D E R
This writ petition has been filed to quash the impugned order passed by the 3rd respondent in Na.Ka.1/2017-2018 dated 19.06.2019 and
impugned order passed by the 1st respondent in Na.Ka.No.3666/2019/SaPa (Revision Petition No.5/2019) dated 11.05.2020.
2. The learned counsel for the petitioner submitted that the petitioner was appointed as a Clerk in the fourth respondent Society and he was implicated in the disciplinary proceedings. Thereafter, the Original Authority passed an order of removal from service on 19.06.2019. Challenging the same, the petitioner filed a revision before the Revisional Authority under Section 153 of the Co-operative Societies Act and the Revisional Authority also confirmed the order of the Original Authority. Challenging the same, the present writ petition is filed.
3. However, the learned counsel for the petitioner further submitted that as against the order of the Revisional Authority, there is a further review available under Section 154 of the Co-operative Societies Act.
4. In view of the above, this Court grants liberty to the petitioner to file a Review before the competent authority under Section 154 of the Co-operative Societies Act.
5. The petitioner is at liberty to file appropriate review application under Section 154 of the Co-operative Societies Act, before the Review Authority within a period of four weeks from the date of receipt of a copy of this order. If such review is filed and received, the Review Authority is directed to pass appropriate orders on merits and in accordance with law, within a period of twelve (12) weeks thereafter.
6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 09.01.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No RM
To
1. The Joint Registrar, Thanjavur Central Co-operative Bank,
2. The Deputy Registrar of Co-operative Societies, Pattukottai, 3.The Sub Registrar T.1203 Sethupavachatram Primary Agricultural Co-operative Credit Society Limited,
4. T.1203 Sethupavachatram Primary Agricultural Cooperative Credit Society Limited, Rep. by its President,
M.DHANDAPANI, J.
RM 09.01.2023