Vijayakumar. K v. The Joint Registrar Of Cooperative Societies / Common Cadre Authority
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.17694 of 2024 K.Vijayakumar
...Petitioner
Vs 1.The Joint Registrar of Co-Operative Societies/ Common Cadre Authority, Office of the Joint Registrar of Co-Operative Societies, Tenkasi.
2.The Deputy Registrar of C-Operative Societies, Office of the Deputy Registrar of Co-Operative Societies, Tenkasi Circle, Tenkasi District.
3.The Administrator, Thili.Thani.115, Nagaram Primary Agricultural Co-Operative Credit Society, Thalaivankottai, Kadayanallur Taluk, Tenkasi District.
4.The Administrator, EE,255, Ramasmipuram Primary Agricultural Co-Operative Credit Society, Muthusamiyapuram, Kadayanallur Taluk, Tenkasi District.
...Respondents
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PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed in Na.Ka.No. 3/2022/thovesa, dated 22.08.2024 by the 1st respondent and quash the same and consequently to direct the respondents to reinstate the petitioner in service.
For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondent : : Mr.C.Venkatesh Kumar Nos.1 and 2 Special Government Pleader For Respondent : No representation Nos.3 and 4
ORDER
The petitioner is the Secretary of the Primary Agricultural Co-Operative Society. He is a common cadre employee as per the Tamil Nadu Primary Agricultural Co-Operative Credit Societies Common Cadre Service Rules, 2019. He was placed under suspension by order dated 22.08.2024 by the Joint Registrar of Co-Operative Societies. 2.A common cadre employee can be placed under suspension only by the common cadre authority as per Rule 30(6) of the said Rules. The common cadre authority as defined in Rule 3(f) of the said Rules is the Committee Constituted under Rule 3. As per Rule 3(4) of the Rules, 2/5
the common cadre authority consists of chairman and members, as follows:
"3(4) ...
...
...
From the Fourth year onwards the Committee consisting of the following officers shall be the Competent Authority (hereinafter called "Common Cadre Authority") in respect of the Primary Agricultural CoOperative Credit Societies:- (i) The Regional Joint Registrar of CoOperative Societies of the respective region :Chairman (ii) The Managing Director of the respective Central Co-Operative Bank : MemberSecretary (iii) The Circle Deputy Registrar of Co-Operative Societies at the District headquarters : Member (iv) The President of the Primary Agricultural CoOperative Credit Society in the district with the highest working capital to be nominated by the respective central co-operative bank."
:Member 3.Admittedly the order of suspension was passed by the Joint Registrar, who cannot be termed as the Common Cadre Authority as defined in the above Rules. The order has been passed by the incompetent authority and therefore, the impugned order is liable to be set aside.
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4.Accordingly, the writ petition is allowed. The impugned order is set aside. No costs. Consequently connected miscellaneous petition is closed.
05.01.2026 Index : Yes / No DSK To 1.The Joint Registrar of Co-Operative Societies/ Common Cadre Authority, Office of the Joint Registrar of Co-Operative Societies, Tenkasi.
2.The Deputy Registrar of C-Operative Societies, Office of the Deputy Registrar of Co-Operative Societies, Tenkasi Circle, Tenkasi District.
3.The Administrator, Thili.Thani.115, Nagaram Primary Agricultural Co-Operative Credit Society, Thalaivankottai, Kadayanallur Taluk, Tenkasi District.
4.The Administrator, EE,255, Ramasmipuram Primary Agricultural Co-Operative Credit Society, Muthusamiyapuram, Kadayanallur Taluk, Tenkasi District.
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B.PUGALENDHI.J., DSK 05.01.2026 5/5