A. Chinnachamy v. The Deputy Registrar Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A(MD)No.833 of 2017 and C.M.P.(MD).No.5719 of 2017 A.Chinnachamy ..

Appellant/Petitioner vs.

1.The Deputy Registrar of Co-operative Societies, A-2373 A.Puthupatti Primary Agricultural Credit Society, Jawahar Street, Thirumangalam, Madurai District.

2.The President, Executive Committee, A-2373 A.Puthupatti Primary Agricultural Credit Society, Nadupatti, Usilampatti Taluk, Madurai District.

... Respondents Prayer : Writ Appeal is filed under Clause 15 of Letters Patent Act, to set aside the order passed by this Court in W.P.(MD) No.8036 of 2015 dated 04.06.2015.

Prayer in WP(MD). 8036/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, by calling for the entire records pertaining to the Impugned order passed by the 2nd respondent dated 20.04.2015 and quash the same and consequently direct the respondens to reinstate the petitioner into service so as to serve as a Clerk at 2nd Respondent s Society.

For Appellant : Mr.R.Anand For Respondents : Mr.T.S.Mohammed Mohideen,AGP

J U D G M E N T

(Judgment of the Court was delivered by K.K.SASIDHARAN, J.,) The appellant challenged the suspension order before the writ Court with a grievance that review was not conducted by the second https://hcservices.ecourts.gov.in/hcservices/

respondent inspite of the expiry of about two years. The writ petition was dismissed on the ground that suspension was not a punishment and that the writ petition is not maintainable in view of the judgment in K.Marappan Vs. Deputy Registrar of Co-operative Societies and The Special Officer, Vattur Co-operative Bank reported in 2006(4) CTC 689.

2.The Hon'ble Supreme Court recently made it clear that the employer has to review the suspension once in three months. We are of the view that the appellant is entitled to succeed. 3.We direct the respondents to review the suspension of the appellant and pass appropriate orders on merits and as per law. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this Order. 4.The writ appeal is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Co) / True Copy / Sub Assistant Registrar(C.S.) To 1.The Deputy Registrar of Co-operative Societies, A-2373 A.Puthupatti Primary AgriculturalCredit Society, Jawahar Street,Thirumangalam,Madurai District. 2.The President, Executive Committee,A-2373 A.

Puthupatti Primary Agricultural Credit Society, Nadupatti,Usilampatti Taluk,Madurai District. +1cc to M/S.R.ANAND, Advocate SR.No.63763 +1cc to Special Government Pleader, SR.No.63942 Arul / Skm MAS/SV/SAR2:26.07.2017:2P-5C W.A(MD)No.833 of 2017 and C.M.P.(MD).No.5719 of 2017 06.07.2017 https://hcservices.ecourts.gov.