Madras High CourtWP(MD)/6661/2016disposed of

K. Samikannu, v. The Registrar Of Co.Op

2016-04-05Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.6661 of 2016 K.Samikannu ... Petitioner Vs.

1.The Registrar of Co-operative Societies (Finance and Banking), 170, EVR Periyar Salai, Keelpauk, Chennai 600 010.

2.The Joint Registrar of Co-operative Societies, Ramanathapuram Region, Ramanathapuram.

3.The Treasury Officer, Ramanathapuram District, Ramanathapuram.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to take immediate action for the disbursement of retirement benefits as sanctioned by the Accountant General Chennai in his letter No.P27/12716373/1/PPO No.R2716373 dated 11.02.2016 in the light of quashing of the surcharge proceedings by the District Court Sivagangai in CMA(CS)No.3 of 2004 dated 21.07.2014 and dropping of disciplinary proceedings pending against the petitioner by the Joint Registrar of Co-operative Societies Ramanathapuram in his proceedings ROC No.8203 of 2013, dated 09.03.2015 within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.M.Murugan Government Advocate.

ORDER

The limited prayer in the writ petition is to direct the respondents to take immediate action in the disbursement of the retirement benefits as sanctioned by the Accountant General as per the order dated 11.02.2016. There was a surcharge proceedings https://hcservices.ecourts.gov.in/hcservices/

pending against the petitioner which was dismissed on 02.07.2014 in C.M.A.(CS)No.3 of 2004 on the file of the Principal District Judge, Sivagangai. Even as per the communication of the Director of Sericulture, dated 31.03.2016, it is stated that the only surcharge proceedings that was pending against the petitioner was dismissed as per the above order, dated 02.07.2014 in C.M.A, other than that no other surcharge proceedings pending against the petitioner and the pension DCRG papers are also cleared by the office of the Accountant General vide order dated 11.02.2016. Therefore, there is no impediment in disbursing the DCRG to the petitioner.

2.In view of the above, mandamus is issued directing the respondents to take immediate action for the disbursement of retirement benefits as sanctioned by the Accountant General, Chennai in his letter No.P27/12716373/1/PPO No.R2716373, dated 11.02.2016 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. 3.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Registrar of Co-operative Societies (Finance and Banking), 170, EVR Periyar Salai, Keelpauk, Chennai 600 010.

2.The Joint Registrar of Co-operative Societies, Ramanathapuram Region, Ramanathapuram.

3.The Treasury Officer, Ramanathapuram District, Ramanathapuram.

+one cc to The Special Government Pleader in SR.No. 19292 +one cc to M/s.S.Visvalingam, Advocate in SR.No.18859 sms CSL/SKS-RR/SAR-I/25.04.2016 : 2p/6c Writ Petition (MD) No.6661 of 2016 05.04.2016 https://hcservices.ecourts.gov.in/hcservices/