Madras High CourtWP(MD)/9288/2023allowed

Sakthivel v. The Co-Operative Sub Registrar / Managing Director

2023-04-27Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Sakthivel ... Petitioner Vs 1.The Co-operative Sub Registrar / Managing Director, Keeranur Primary Co-operative Agricultural and Rural Development Bank, Keeranur Post, Kulathur Taluk, Pudukottai.

2.The President, Keeranur Primary Co-operative Agricultural and Rural Development Bank, Keeranur Post, Kulathur Taluk, Pudukottai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to revoke the order of suspension passed by the first respondent and permit the petitioner to join duty at once.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.R.Ragavendran Government Advocate 1/4

ORDER

Heard the learned counsel on either side.

2. The petitioner joined the second respondent Bank as Office Assistant. He was promoted as Supervisor. He was suspended from service on 10.12.2021. The jewel appraiser inspection team is said to have found out a serious shortfall. That led to the suspension of the petitioner. Subsequently, the shortfall is said to have been made good. The Bank has not suffered any loss. As a result, the disciplinary action initiated against the petitioner has also been dropped. In these circumstances, the question of continuing the suspension does not arise at all. The respondents are directed to revoke the petitioner's suspension and permit him to join duty immediately.

3. This writ petition is allowed. I make it clear that the petitioner cannot take advantage of this order to question criminal prosecution initiated against him. It will be dealt with independently and on its own merits. There shall be no order as to costs.

27.04.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 2/4

To 1.The Co-operative Sub Registrar / Managing Director, Keeranur Primary Co-operative Agricultural and Rural Development Bank, Keeranur Post, Kulathur Taluk, Pudukottai.

2.The President, Keeranur Primary Co-operative Agricultural and Rural Development Bank, Keeranur Post, Kulathur Taluk, Pudukottai.

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G.R.SWAMINATHAN, J.

MGA 27.04.2023 4/4