A. Kaliappan, v. The President,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2016 CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.6318 of 2016 and W.M.P(MD)No.5547 of 2016 A.Kaliappan ... Petitioner Vs.
1.The President, A.1354 Pandalgudi Primary Agricultural Co-operative Credit Society, Pandalgudi 626 113, Aruppukottai Taluk, Virudhunagar District.
2.The Secretary, A.1354 Pandalgudi Primary Agricultural Co-operative Credit Society, Pandalgudi 626 113, Aruppukottai Taluk, Virudhunagar District.
3.The Deputy Registrar of Co-operative Societies, K.P.V.Complex, II Floor, Pandalgudi Road, Aruppukottai Taluk, Virudhunagar District.
4.The Joint Registrar of Co-operative Societies, District Collector Office, Virudhunagar, Virudhunagar District.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the charge memo seeking explanation from the petitioner dated 11.03.2016 by the 1st respondent and direct to appear before the enquiring committee on 30.03.2016 by 4.00 p.m. at society building and quash the same.
For Petitioner : Ms.N.Juliet Latha For Respondents : Mr.T.R.Janarthanam, Additional Government Pleader.
ORDER
The petitioner has filed this writ petition challenging the notice issued to the petitioner calling upon him to appear for an enquiry on 30.03.2016 at 04.00 p.m. with respect to certain complaints received against the petitioner and also about the medical leave taken by the petitioner.
2.This Court finds no reason as to why the petitioner has rushed to this Court at this stage of the proceedings. In fact, the petitioner has given a representation to the respondents on 14.03.2016 seeking details about the charge memo and the documents which are going to be relied upon by the respondents during the proceedings.
3.Learned Additional Government Pleader appearing for the respondents would submit that if the petitioner had appeared on 31.03.2016 for the enquiry in person, they would have furnished the documents as sought for by the petitioner. 4.The contention of the petitioner is that this is for the second time for the same allegations, the charge memo has been issued. Even assuming for a moment, it is true, it is open to the petitioner to submit his explanation and come out of the charges. 5.In the above conspectus of the case, the petitioner is directed to appear before the authorities concerned for enquiry which is now adjourned sine die, on 11.04.2016 at 04.00 p.m. The respondents shall furnish necessary documents based on which the charge memo has been issued to the petitioner on the date fixed or before that to enable the petitioner to submit his detailed explanation. In all probabilities, the enquiry should be completed on or before 06.05.2016.
6.The writ petition is disposed of in the above terms. No costs. Consequently, W.M.P(MD)No.5547 of 2016 is closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar
sms To 1.The President, A.1354 Pandalgudi Primary Agricultural Co-operative Credit Society, Pandalgudi 626 113, Aruppukottai Taluk, Virudhunagar District.
2.The Secretary, A.1354 Pandalgudi Primary Agricultural Co-operative Credit Society, Pandalgudi 626 113, Aruppukottai Taluk, Virudhunagar District.
3.The Deputy Registrar of Co-operative Societies, K.P.V.Complex, II Floor, Pandalgudi Road, Aruppukottai Taluk, Virudhunagar District.
4.The Joint Registrar of Co-operative Societies, District Collector Office, Virudhunagar, Virudhunagar District.
+1CC to Spl.Government Pleader Sr.No.18358 +1CC to Mr.R.Narayanan Advocate Sr.No.18224 GJM/NGM/SS/18.4.16-3p-7C Writ Petition (MD) No.6318 of 2016 and W.M.P(MD)No.5547 of 2016 31.03.2016