A.Vasantha Kumar v. The Joint Registrar Cooperative Societies
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR A.Vasanthakumar ... Petitioner Vs.
1.The Joint Registrar Co-operative Societies, Office of Co-operative Societies, Sivagangai.
2.The Assistant Commissioner of Labour (Enforcement), Office of Assistant Commissioner of Labour, Ramanathapuram.
3.The Managing Director, Ramanathapuram District Co-operative Spinning Mills Ltd., Achankulam, Abiramam, Kamuthi Taluk, Ramanathapuram.
4.The Secretary, Ramanathapuram District Co-operative Spinning Mills Ltd., Achankulam, Abiramam, Kamuthi Taluk, Ramanathapuram.
5.The Enquiry Officer, Ramanathapuram District Co-operative Spinning Mills Ltd., Achankulam, Abiramam, Kamuthi Taluk, Ramanathapuram.
... Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 4th respondent to grant further time to adduce the petitioner's evidence to substantiate the petitioner's explanations for the 2nd show cause notice in Na.Ka.No.304/2023, dated 05.09.2023 issued by the 4th respondent. For Petitioner : Mr.S.Vishnuvardhan For Respondents : Mr.S.Shaji Bino Special Government Pleader
ORDER
The present writ petition has been filed by a Junior Assistant seeking a Mandamus as against the disciplinary authority to grant him additional time for submitting his explanation to the second show cause notice.
2. According to the learned counsel appearing for the writ petitioner, the petitioner was suspended on 06.06.2023 and a show cause notice was issued to him on 09.06.2023 and the Enquiry Officer submitted his report on 28.08.2023. The second show cause notice was issued to the writ petitioner on 05.09.2023 proposing to terminate the 2/5
services of the writ petitioner. Thereafter, the petitioner has submitted a representation on 11.09.2023 seeking additional time of 15 days to submit his explanation. Since the said request was not considered, the present writ petition has been filed.
3. Considering the above said facts, the petitioner is granted time till 31.12.2023 to submit his explanation to the second show cause notice, dated 05.09.2023. In case, if any such explanation is submitted, the same shall be taken into consideration while passing orders. If no explanation is submitted on or before 31.12.2023, the authority is at liberty to pass orders on the second show cause notice, dated 05.09.2023.
4. With the above said observations, this Writ Petition stands disposed of. No costs.
04.12.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes gbg 3/5
To 1.The Joint Registrar Co-operative Societies, Office of Co-operative Societies, Sivagangai.
2.The Assistant Commissioner of Labour (Enforcement), Office of Assistant Commissioner of Labour, Ramanathapuram.
3.The Managing Director, Ramanathapuram District Co-operative Spinning Mills Ltd., Achankulam, Abiramam, Kamuthi Taluk, Ramanathapuram.
4.The Secretary, Ramanathapuram District Co-operative Spinning Mills Ltd., Achankulam, Abiramam, Kamuthi Taluk, Ramanathapuram.
5.The Enquiry Officer, Ramanathapuram District Co-operative Spinning Mills Ltd., Achankulam, Abiramam, Kamuthi Taluk, Ramanathapuram.
4/5
R.
VIJAYAKUMAR ,J.
gbg Order made in Dated:
04.12.2023 5/5