The Management. Rep By Its v. The Joint Registrar,
W.P.(MD)No.6091 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2021
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.6091 of 2018 The Management represented by its Vadivelraj, The President, S.P.L.69, Kollappatii Agricultural Co-operative Society, Kollapatti, Sattur Taluk, Virudhunagar District.
...Petitioner
/Vs./ 1.The Joint Registrar, Co-operative Societies, Virudhunagar Region, Virudhunagar.
2.V.Shanmugasundaram
...Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari to call for the entire records relating to the impugned order passed by the 1st respondent in Revision Petition No.1 of 2017 dated 15/02/2018. For Petitioner : Mr.C.M.Arumugam For R1 : Mr.A.K.Manikkam Special Government Pleader For R2 : Ms.Saranya for M/s.N.Sathish Babu
ORDER
The second respondent was employed in the petitioner Primary Agricultural Co-operative Society and had received a charge memo comprising two charges.
2.The first charge related to the use of an unsealed measurement device, while he was serving as salesman in Peryakollapatti, Alampatti and Niravipatti ration shops for distribution of rice. Second charge was that he had caused monetary loss by selling PDS rice along with bag in open market. 3.Pursuant to the conduct of the disciplinary proceedings, an order came to be passed on 31.01.2017 terminating the services of the petitioner. As against the same, R2 has filed a petition for revision in Revision Petition No.1 of 2017 that came to be partly allowed by R1 on 15.12.1998 modifying the order of termination, to stoppage of increment for a period of two years without cumulative effect. The latter order is the subject matter of challenge in the present writ petition.
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W.P.(MD)No.6091 of 2018 4.In fact, the aforesaid order was the subject matter of appeal before the Registrar of Co-operative Societies, such appeal having been filed at the instance of R2. Also the present petitioner is stated to have filed a writ petition bearing No.WP. (MD)No.7469 of 2021 before this Court.
5.Pending the present as well as aforesaid writ petitions, the appeal is stated to have been allowed by the appellate authority. Though the date of appellate order is specifically sought in the course of hearing, learned counsel pleaded ignorance of the same. However, there being no dispute, such order has been passed. With passing of the said order, the present writ petition is rendered infructuous.
6.Recording the above, this writ petition is dismissed. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) sm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Joint Registrar, Co-operative Societies, Virudhunagar Region, Virudhunagar.
+1 CC to M/s.SPL GP ( SR-39279[F] dated 17/12/2021 ) +1 CC to M/s.C.M.ARUMUGAM, Advocate ( SR-39328[F] dated 17/12/2021 ) W.P.(MD)No.6091 of 2018 Dated:
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