Sridhar .S v. The Administrator/ Joint Registrar Of Co-Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.86 of 2024 and W.M.P.(MD).No.73 of 2024 S.Sridhar ... Petitioner Vs.

The Administrator/Joint Registrar, of Co-operative Societies, Madurai District Central Co-operative Bank, North Veli Street, Madurai-625 001.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, to call for the records of the impugned order of suspension passed by the respondent dated 30.11.2023 bearing Na.Ka.No. 1902/2023-24/E1(2) and quash the same.

For Petitioner : Mr.G.Murugan For Respondent : Mr.D.Shanmugaraja Sethupathi Standing Counsel

ORDER

The instant writ petition has been filed by a Cashier of Central Cooperative Bank, Madurai, challenging his order of suspension dated 30.11.2023.

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2. A perusal of the suspension order reveals that the petitioner is alleged to have substituted the gold jewellery with imitation jewellery and on such allegation the order of suspension has been issued.

3. The petitioner has been issued with a charge memo on 12.02.2024, for the said charges. However, so far the departmental enquiry has not been proceeded with on the ground that the respondent bank is awaiting the Section. 81 Enquiry report. It is made clear that the Section.81 Enquiry Report has nothing to do with the departmental proceedings already initiated as against the writ petitioner. Therefore, the respondent bank is at liberty to proceed with the enquiry based upon the charge memo dated 12.02.2024, and shall conclude the proceedings within a period of three months from the date of receipt of a copy of this order. Considering the serious allegations made against the writ petitioner, this Court is of the opinion that reinstatement of the petitioner in service as cashier would cause prejudice to the enquiry proceedings and there is no illegality or infirmity in passing an order of suspension as against the writ petitioner.

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4. With the above said observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13.11.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No GVN 3/4

R.VIJAYAKUMAR , J.

gvn To The Administrator/Joint Registrar, of Cooperative Societies, Madurai District Central Co-operative Bank, North Veli Street, Madurai-625 001.

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