The President, v. M. Latha,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday, the Nineteenth day of January Two Thousand and Twenty Three PRESENT:
The Hon`ble Mr.Justice D.KRISHNAKUMAR AND The Hon`ble Mr.Justice R.VIJAYAKUMAR in W.A(MD)No.801 of 2022 The President, A-1541 Periyakalaiyamputhur Primary Agricultural Cooperative Credit Society Palani, Dindigul District.
... Petitioner/Appellant Vs 1 M.Latha 2 The Regional Joint Registrar O/o the Joint Registrar District Collectorate Dindigul.
... Respondents/Respondents Prayer in CMP(MD)No.10004 of 2022:
Civil Miscellaneous Petition filed u/s 148 of C.P.C. to extend the time for completing the disciplinary proceeding as directed by this Court vide order dated 04.08.2022 in WA(MD)No. 801/2022 and pass such other appropriate order as this Honourable Court may deem fit and thus render justice.
Prayer in W.A(MD)No.801 of 2022:
Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed by this Court in W.P(MD)No.9652 of 2020 dated 15-06-2022.
Prayer in WP(MD). 9652/ 2020 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ or order or direction in the nature of Writ of Certiorarified Mandamus thereby call for the records of the 2nd respondent in 1/3
Na.Ka.1/2020.O.Na. dated 28/07/2020 and quash the same as illegal and in consequence thereof direct the respondents to reinstate the petitioner in service with all service benefits. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.Shanmugaraja Sethupathi, Advocate for the Petitioner/Appellant and of Mr.A.Baskaran, Additional Government Pleader on behalf of the second respondent, this Court made the following order: (Order of the Court was made by D.KRISHNAKUMAR, J.) By judgment dated 04.08.2022, while allowing the writ appeal, this Court has issued the following direction:- ''In view of the above, this Writ Appeal is partly allowed.
While confirming the order of learned Single Judge, allowing the Writ Petition and by setting aside the order of termination, this Court grants liberty to the appellant to proceed against the writ petitioner by holding an enquiry in the manner known to law. The entire exercise shall be completed within a period of eight week from the date of receipt of a copy of this order. Registry is directed to communicate a copy of this order to the first respondent. No costs. Consequently, connected Miscellaneous Petition is closed.''
2.
Contending that the 1st respondent has been dragging on the disciplinary proceedings and therefore, the appellant could not complete the disciplinary proceedings as directed by this Court, the appellant has filed this petition seeking extension of time for completing the disciplinary proceedings.
3.
Considering the reasons stated in the supporting affidavit, this petition is allowed and the petitioner/appellant is directed to complete the disciplinary proceedings as directed by this Court in the aforesaid judgment on or before (*)20.03.2023. Sd/- Assistant Registrar(CRL SIDE) (*)Corrected as per order of this court made in CMP(MD)No.10004 of 2022 in WA (MD)No.801 of 2022 dated 30.01.2023.
Sd/- Assistant Registrar(CO) // True Copy // 31/01/2023 Sub Assistant Registrar(CO) 2/3
TO To be substituted to the order already despatched on 23/01/2023
1. The Regional Joint Registrar O/o the Joint Registrar District Collectorate,Dindigul.
2. M.Latha, D/o.Muniyandi 11-1-30, Pudutheru Nilakottai, Dindigul District.
+1cc to Mr.D.Shanmugaraja Sethupathi, Advocate in SR No.2842. Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 19/01/2023 ==========================
ORDER
========================== in W.A(MD)No.801 of 2022 Giving direction and etc.
as stated within.
MK/(23.01.2023) 3P 5C MK/(31.01.2023) 3P 5C 3/3