Madras High Court
K.Saravanan vs The Joint Registrar Of ... on 28 April, 2021
W.P.(MD) No.7747 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.04.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.(MD) No.7747 of 2021
and
W.M.P(MD)No.5891 of 2021
K.Saravanan ... Petitioner
-Vs-
1.The Joint Registrar of Co-operative Societies,
O/o.the Joint Registrar of Co-operative Societies,
Theni Region,
Theni District.
2.The Deputy Registrar of Co-operative Societies,
O/o.the Deputy Registrar of Co-operative Societies,
Vaigaidam Road, JRR Nagar,
Periyakulam,
Theni District.
3.The President,
A-1805/Theni Allinagaram Municipality Employees
Co-operative Thrift and Credit Society,
Vijayabarathi Complex, Allinagaram,
Theni District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorari calling for the records relating to
the impugned order passed by the third respondent in his proceedings
Nil dated 28.12.2020 and quash the same as illegal.
1/8
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W.P.(MD) No.7747 of 2021
For Petitioner : Mr.C.Venkatesh Kumar
for M/s.Ajmal Associates
For R1 & R2 : Mr.P.Mahendran
Additional Government Pleader
For R3 : Mr.C.Ramar
Additional Government Pleader
ORDER
This Writ Petition is filed to call for the records relating to the
impugned order passed by the third respondent in his proceedings Nil,
dated 28.12.2020, and quash the same as illegal.
2.Mr.P.Mahendran, learned Additional Government Pleader
takes notice on belalf of the respondents 1 & 2 and Mr.C.Ramar, learned
Additional Government Pleader takes notice on behalf of the third
respondent. By consent of both parties, this Writ Petition is taken up for
final disposal at the stage of admission itself.
3. According to the petitioner, initially he was appointed as
Clerk on 01.10.1999 and while he was working as Secretary Incharge in
A.1805, Theni Allinagaram Municipality Co-operative Thrift and Credit
Society, Allinagaram, Theni District, a charge memo was issued to him,
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W.P.(MD) No.7747 of 2021
for certain delinquencies and ultimately, it was culminated in the order
of dismissal from service on 10.06.2014. Aggrieved by the said order of
dismissal, he filed an appeal before the Deputy Commissioner of Labour,
Dindigul. The Deputy Commissioner of Labour, Dindigul, allowed the
appeal filed by the petitioner and set aside the order of dismissal.
Against the order of setting aside the dismissal, the respondent society
filed a writ petition in W.P(MD)No.13578 of 2016. By order dated
13.02.2018, this Court dismissed the said writ petition. Challenging
the order of the dismissal, the respondent filed writ appeal in
W.A(MD)No.1297 of 2018 and the same was also dismissed by this Court
on 18.09.2019. Though he was reinstated into service on 06.05.2020,
he was not paid with salary from 01.09.2020 to 28.12.2020.
Thereafter, vide proceedings Nil, dated 28.12.2020, the third
respondent placed the petitioner under suspension. The petitioner has
made representation on 03.03.2021, seeking to revoke the suspension.
The impugned order of suspension was passed on 28.12.2020. Now, 3
months have been lapsed and the petitioner was not reinstated into
service. The currency of a suspension order may not go beyond the
period of three months. No charge memo was issued so far to the
petitioner with regard to any allegation. As per the judgment of the
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W.P.(MD) No.7747 of 2021
Hon'ble Apex Court in Ajay Kumar Choudhary Vs. Union of India
reported in (2015) 7 SCC 291, prolonged suspension for indefinite
period is bad in law. As per the judgment of the Hon'ble Apex Court
referred to above, the currency of a suspension order should not extend
beyond three months. If within this period the Memorandum of
Charges/Charge sheet is not served on the delinquent Officer/employee,
if the Memorandaum of Charges/Chargesheet is served, a reasoned
order must be passed for the extension of the suspension. In so far as
the present case is concerned, the petitioner was neither served with
any charge memo within the period of 3 months nor communicated with
any order for extension of suspension period and therefore, the
respondents may be directed to revoke the suspension and reinstate the
petitioner into service with all monetary benefits.
4.Mr.C.Ramar, learned Additional Government Pleader
appearing for the third respondent submitted that the petitioner has
misappropriated a huge amount and the departmental enquiry relating
to grave charges is contemplated and if suspension order is set aside,
the petitioner will tamper with the documents and influence the
witnesses and prayed for dismissal of the writ petition.
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W.P.(MD) No.7747 of 2021
5. From the above materials, it is seen that earlier, the
petitioner was suspended and dismissed from service on 10.06.2014 and
the said order of dismissal was set aside by order dated 24.05.2016, by
the Deputy Commissioner of Labour, Dindigul. The said order was
confirmed by this Court, by dismissing the writ petition in W.P(MD)No.
13578 of 2016 and writ appeal in W.A(MD)No.1297 of 2018 filed by the
third respondent. Even after setting aside the order of dismissal, the
petitioner was not reinstated into service immediately, but he was
reinstated into service only on 06.05.2020. Within seven (7) months of
reinstatement of the petitioner, the third respondent suspended him in
contemplation of domestic enquiry. The third respondent has not served
any charge memo within three months from the date of suspension.
Further, as per the judgment of Ajay Kumar Choudhary Vs. Union of
India reported in (2015) 7 SCC 291, when an employee was
suspended from service in contemplation of domestic enquiry, charge
memo must be served within three months from the date of suspension.
If employer fails to serve the charge memo within three months, the
order of suspension has to be revoked. The Hon'ble Apex Court has
deprecated the practice of keeping an employee under prolonged
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W.P.(MD) No.7747 of 2021
suspension. In view of the judgment of the Hon'ble Apex Court, the
impugned order of the third respondent, dated 28.12.2020, is liable to
be set aside and is hereby set aside. The respondents are directed to
revoke the order of suspension by taking into consideration the fact that
the petitioner is under suspension from 28.12.2020 and the ratio laid
down in the judgment of the Hon'ble Apex Court in Ajay Kumar
Choudhary Vs. Union of India reported in (2015) 7 SCC 291, within
a period of four weeks from the date of receipt of a copy of this order. It
is open to the third respondent to initiate domestic enquiry, if he so
desires, as per law.
6. With the above directions, the writ petition stands allowed.
No costs. Consequently, connected miscellaneous petition is closed.
Index : Yes / No
Internet: Yes / No 28.04.2021
am
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W.P.(MD) No.7747 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 of Co-operative Societies,
Theni Region,
Theni District.
2.The Deputy Registrar of Co-operative Societies,
Vaigaidam Road, JRR Nagar,
Periyakulam,
Theni District.
3.The President,
A-1805/Theni Allinagaram Municipality Employees
Co-operative Thrift and Credit Society,
Vijayabarathi Complex, Allinagaram,
Theni District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.7747 of 2021
V.M.VELUMANI,J.
am
W.P.(MD)No.7747 of 2021
28.04.2021
https://www.mhc.tn.gov.in/judis/
