Madras High CourtWP(MD)/8569/2023disposed of

Paramaguru v. The Commissioner

2023-06-05Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.8569 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8569 of 2023 Paramaguru ... Petitioner Vs.

1. The Commissioner, Dairy Milk Development Department, Chennai - 51.

2. The General Manager, Thoothukudi District Cooperative Milk Producers Union, No 74-F, Balavinayagar Kovil Street, 2nd Floor, Thoothukudi - 2.

3. The Deputy Registrar (Dairy Milk), Thoothukudi.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the impugned show cause notice dated 06.04.2023 issued by the 2nd respondent and quash the same as illegal and arbitrary. For Petitioner : Mr.V.Malaiyendran For R-1 & R-3 : Mr.R.Ragavendran, Government Advocate.

For R-2 : Mr.K.Prabhu, Standing Counsel.

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2 W.P.(MD)NO.8569 OF 2023

O R D E R

What is under challenge in the writ petition is only a notice calling upon the petitioner as to why disciplinary action should not be taken against him. It is not as if the employer arbitrarily issued the impugned notice. It was issued after holding enquiry under Section 81 of the provisions of Tamil Nadu Co-operative Societies Act.

2. It appears to be adverse to the petitioner. The learned Standing counsel appearing for the second respondent asserts that a copy of the enquiry report was made available to the petitioner. The petitioner has also given his explanation. It is for the respondents to take a call in the matter. At this stage, the rights of the writ petitioner have not been infringed. Therefore, this Court will not be justified in interfering at this stage. Leaving open all the contentions and the defences of the petitioner, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

05.06.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 2/4

3 W.P.(MD)NO.8569 OF 2023 To:

1. The Commissioner, Dairy Milk Development Department, Chennai - 51.

2. The Deputy Registrar (Dairy Milk), Thoothukudi.

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4 W.P.(MD)NO.8569 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.8569 of 2023 05.06.2023 4/4