Madras High Court
Selvam vs The Joint Registrar on 22 April, 2021
W.P(MD)No.8297 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.04.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.8297 of 2021
Selvam ... Petitioner
vs.
1.The Joint Registrar,
Office of the Joint Registrar of Co-operative Societies,
Thanjavur Region,
Thanjavur District.
2.The Deputy Registrar,
Office of the deputy Registrar of Co-operative Societies,
Kumbakonam,
Thanjavur District.
3.The President,
Z637, Swaminalai Primary Agriculture Co-operative
Credit Society Limited,
Swamimalai Post,
Kumbakonam Taluk,
Thanjavur District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the respondents to
consider the petitioner's representation dated 22.10.2019 seeking
reinstatement into service.
1/8
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.8297 of 2021
For Petitioner : Mr.N.Anadakumar
For RR 1 & 2 : Mr.P.Mahendran
Additional Government Pleader
For R – 3 : Mr.Niranjan S.Kumar
ORDER
This Writ Petition is filed seeking for a Writ of Mandamus, directing
the respondents to consider the representation of the petitioner, dated
22.10.2019, seeking reinstatement into service.
2.Mr.P.Mahendran, learned Additional Government Pleader accepts
notice on behalf of the respondents 1 and 2 and Mr.Niranjan S.Kumar,
learned counsel accepts notice on behalf of the third respondent.
3.By consent of both parties, the Writ Petition is taken up for final
disposal at the stage of admission itself.
4.According to the petitioner, while he was working as a Secretary
in the third respondent Society, he was placed under suspension with
effect from 31.05.2018. A criminal case in Crime No.167 of 2018 was
registered against the petitioner.
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W.P(MD)No.8297 of 2021
5.The learned counsel appearing for the petitioner submitted that
on 31.05.2018, the petitioner was placed under suspension. The
respondents have not commenced any domestic enquiry and in criminal
case, no charge-sheet is filed. The learned counsel further submitted
that the third respondent also did not pay any subsistence allowance to
the petitioner. The petitioner has given representation, dated
22.10.2019 to the second respondent to reinstate him in service.
Further, the petitioner filed a Writ Petition in W.P(MD)No.17767 of 2020,
seeking subsistence allowance to him from the date of his suspension,
dated 31.05.2018, based on the representation, dated 05.10.2020. This
Court, by order dated 07.12.2020, directed the third respondent to
consider the representation of the petitioner and disposed of the Writ
Petition. The second respondent has not passed any order so far. Hence,
the petitioner has come out with the present Writ Petition.
6.Mr.P.Mahendran, learned Additional Government Pleader
appearing for the respondents 1 and 2, on instructions, submitted that
the third respondent filed a Writ Petition in W.P(MD)No.2243 of 2020, to
direct the first respondent therein to open the safety locker and store
room in Z-637 Swamimalai Primary Agricultural Co-operative Society
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W.P(MD)No.8297 of 2021
and to take note of the money and jewels and other articles available in
the store room and safety locker and hand over the same to the Society
for its effective function based on the recommendation given by the
second respondent therein dated 22.11.2019. The petitioner herein is
the fourth respondent in the said Writ Petition and this Court, by order
dated 02.03.2020, directed the petitioner to co-operate in the
proceedings and also for opening the safety locker. As per the order of
this Court passed in the said Writ Petition, the petitioner is not
co-operating for opening the safety locker of the third respondent. In
view of the non co-operation of the petitioner, the third respondent is
not in a position to run the Society peacefully and prayed for dismissal
of the Writ Petition.
7.The learned counsel appearing for the petitioner now submitted
that the petitioner will co-operate in the proceedings and also for
opening the safety locker.
8.Heard the learned counsel appearing for the petitioner, the
learned Additional Government Pleader appearing for the respondents
1 and 2 and the learned counsel appearing for the third respondent.
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W.P(MD)No.8297 of 2021
9.From the materials available on record, it is seen that the
petitioner was placed under suspension on 31.05.2018 and his
suspension is continued till date and no domestic enquiry is commenced
and in Crime No.167 of 2018, no charge-sheet is filed. The Hon'ble Apex
Court deprecated the progress of continuing an employee under
suspension for a prolonged period. In the judgment reported in Ajay
Kumar Choudhary Vs. Union of India and another reported in
(2015) 7 SCC 291, the Hon'ble Apex Court held that if an employee is
suspended in contemplation of domestic enquiry, charge-memo must be
served on him within 30 days. If no charge-memo is served on the
delinquent officer/employee, suspension order must be revoked. If
charge-memo is served, reason must be given for extending the
suspension. In case of registration of a criminal case, if no charge-sheet
is filed within 90 days, the employee is entitled to revocation of
suspension order.
10.In the present case, the petitioner was suspended on
31.05.2018. Further, no domestic enquiry has been commenced till date
and no charge-memo has been filed in the criminal case.
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W.P(MD)No.8297 of 2021
11.For the above reasons, the petitioner is directed to give a fresh
representation to the respondents for revocation of suspension order
within a period of two weeks from the date of receipt of a copy of this
order. On receipt of such representation, the third respondent is directed
to consider the representation of the petitioner, dated 22.10.2019 and
pass orders in consonance with the Judgment of the Hon'ble Apex Court
in Ajay Kumar Choudary's case (cited supra), within a period of four
weeks, thereafter. The petitioner is directed to co-operate in the
proceedings and for opening the safety locker. The petitioner is also
directed to co-operate in the day-to-day affairs of the Society.
12.With the above directions, this Writ Petition is disposed of. No
costs.
22.04.2021
Index : Yes / No
Internet : Yes / No
ps
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.8297 of 2021
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,
Office of the Joint Registrar of Co-operative Societies,
Thanjavur Region,
Thanjavur District.
2.The Deputy Registrar,
Office of the deputy Registrar of Co-operative Societies,
Kumbakonam,
Thanjavur District.
3.The President,
Z637, Swaminalai Primary Agriculture Co-operative
Credit Society Limited,
Swamimalai Post,
Kumbakonam Taluk,
Thanjavur District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.8297 of 2021
V.M.VELUMANI,J.
ps
W.P(MD)No.8297 of 2021
22.04.2021
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