Martin Perinbamani.J v. The Joint Registrar Of Cooperative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.14293 of 2022 and WMP(MD)Nos.13461 and 14221 of 2022 J.Martin Perinbamani ... Petitioner Vs 1.The Joint Registrar of Co-Operative Societies, Thoothukudi Region, Office of the Joint Registrar of Co-Operative Societies, 39B, TR.Nayudu Street, 1st Floor, Thoothukudi District.

2.The Deputy Registrar of Co-Operative Societies, Office of the Deputy Registrar of Co-Operative Societies, Medona Street, Veera Pandian Pattinam, Tiruchendur, Thoothukudi District.

3.EF 423, Udankudi Primary Agricultural Co-Operative Society, Represented by its President, 29A, Sathiyamoorthy Bazar, Udankudi, Tiruchendur Taluk, Thoothukudi District.

...Respondents

PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a writ of certiorari calling for the records relating to the impugned order passed by the 1st respondent in Na.Ka.No.

2387/2022/ThoVeKooSa, dated 17.06.2022 and quash the same. 1/4

For Petitioner : Mr.N.Dilip Kumar For Respondent : Mr.K.Balasubramani Nos.1 and 2 Special Government Pleader

ORDER

The petitioner a Senior Clerk in the respondent Co-Operative Society has filed this writ petition as against the order of suspension dated 17.06.2022.

2.This Court has entertained this writ petition and granted an order of interim stay. The main contention of this petitioner is that without conducting an enquiry under Section 81 of the Tamil Nadu Co-Operative Societies Act and without issuing any charge memo, the petitioner has been placed under suspension.

3.When this writ petition has been taken up for hearing, the learned Special Government Pleader appearing for the respondents submits that the petitioner was placed under suspension. Subsequently based on the investigation of the Deputy Registrar of Co-Operative Societies under Section 82 of the Tamil Nadu Co-Operative Societies Act, he was issued 2/4

with a charge memo on 31.08.2023. The petitioner has submitted his explanation on 30.08.2023 to this charge memo and after conducting an enquiry, the petitioner has been imposed with a punishment of censure by order dated 03.10.2023.

4.Since the disciplinary proceedings has been culminated with an order of punishment, this writ petition is closed with liberty to the petitioner to challenge the order of punishment in the manner known to law. No costs. Consequently connected miscellaneous petition is closed. 19.11.2024 Internet : Yes / No DSK To 1.The Joint Registrar of Co-Operative Societies, Thoothukudi Region, 39B, TR.Nayudu Street, 1st Floor, Thoothukudi District.

2.The Deputy Registrar of Co-Operative Societies, Medona Street, Veera Pandian Pattinam, Tiruchendur, Thoothukudi District.

3.The President, EF 423, Udankudi Primary Agricultural Co-Operative Society, 29A, Sathiyamoorthy Bazar, Udankudi, Thoothukudi District. 3/4

B.PUGALENDHI.J., DSK 19.11.2024 4/4