Madras High Court
J.Thangavel vs The Joint Registrar Of ... on 25 January, 2021
W.P. No.1498 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 25.01.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
W.P. No.1498 of 2021
and
W.MP.No.1692 of 2021
J.Thangavel ... Petitioner
Vs.
1.The Joint Registrar of Cooperative Societies,
Kancheepuram,
Vandavasi Salai,
Opp: Collector Office,
Kancheepuram, Kancheepuram district.
2.The President,
G 175, Oragadam Primary Agricultural Cooperative
Credit Societies, Chengalpet Circle, Chengalpet,
Chengalpet district. ….. Respondents
Writ petition filed under Article 226 of the Constitution of India praying this Court
to issue a writ of Certiorarified mandamus, to call for the records relating to the
rejection order passed in Na.Ka.No.4471/2019/sapa(2) dated 14.05.2020 and quash the
same and consequently direct the 1st respondent not to recover the salary amount paid
to the petitioner.
1/6
https://www.mhc.tn.gov.in/judis/
W.P. No.1498 of 2021
For Petitioner : Mr. R.Karunagaran
For Respondents : Mr.L.P.Shanmugasundaram, Spl.G.P.
ORDER
This writ petition was filed by the petitioner to call for the records relating to the
rejection order passed in Na.Ka.No.4471/2019/sapa(2) dated 14.05.2020 and quash the
same and consequently direct the 1st respondent not to recover the salary amount paid
to the petitioner.
2. It is the case of the petitioner that he was appointed as Clerk in the 2 nd
respondent society in the year 1993 and thereafter he was promoted as Senior Clerk in
the year 2000 and subsequently he was promoted as Assistant Secretary. It is the further
case of the petitioner that subsequent to the promotion as Assistant Secretary, he was
suspended from service on 03.08.2019, on the ground that he had received the excess
salary illegally. According to the petitioner, the alleged excess salary was paid to him on
the basis of the concluded settlement under Section 12(3) of the Industrial Disputes Act,
in which charge memo was served on him. Though the petitioner has given a detailed
explanation to the charge memo, not satisfied with his explanation, the 2nd respondent
framed two charges and surcharge proceedings dated 11.12.2020 were initiated against
him. Aggrieved by the surcharge proceedings, he preferred an appeal before the
https://www.mhc.tn.gov.in/judis/
W.P. No.1498 of 2021
Competent Court, besides filing a revision petition against the alleged charges before
the Joint Registrar, Kancheepuram. The Joint Registrar rejected the revision by passing a
non speaking order. Subsequently, the Deputy Registrar passed an order under Section
87 for initiation of surcharge proceedings against the President, the Secretary and 10
Directors of the society. Whileso, the 2nd respondent, being the President of the
society was found guilty by the Deputy Registrar in the surcharge proceedings, he was
issued another charge memo dated 30.11.2020 stating the similar charges found in the
earlier memo dated 30.09.2019. Though the petitioner has submitted his explanation to
the second show cause notice given by the 2nd respondent, which has not been
considered, hence left with no other alternative, the petitioner is before this Court.
3.This Court heard the submissions made by learned counsel on either side and
also perused the materials available on records.
4. The petitioner filed this writ petition against the Cooperative Society and
therefore the writ petition is not maintainable in view of the judgment of this Court in
the case of K.Marappan Vs. The Deputy Registrar of Cooperative Societies, Nammakkal
Circle, Nammakkal and another, reported in 2006-4-L.W.42. That apart, the petitioner
will have to face the charges and defend his case before the appropriate enquiry officer,
https://www.mhc.tn.gov.in/judis/
W.P. No.1498 of 2021
as the petitioner, as the Assistant Secretary, has signed the settlement in respect of
revision of wages for which the disciplinary action has been initiated. He can prefer all
the defense before the appropriate authority, who shall take into account various
statements raised by the petitioner and come to the conclusion with regard to the
charges framed against him.
5.The petitioner submitted that during the pendency of the writ petition, yet
another charge sheet has been given. As cited supra, this Court cannot go into the
factual aspect, with regard to the charges issued against the petitioner. Even assuming
that charges leveled against him are false and has no basis, it is open to the petitioner to
put forth all his submissions only before the appropriate authority and the Writ Court is
not an alternative forum.
6.Accordingly this writ petition stands dismissed. Consequently connected
miscellaneous petition is closed. No costs.
25.01.2021
Index : Yes / No
Internet : Yes / No
Speaking / Non-Speaking order
jrs
https://www.mhc.tn.gov.in/judis/
W.P. No.1498 of 2021
To
The Joint Registrar of Cooperative Societies,
Kancheepuram,
Vandavasi Salai,
Opp: Collector Office,
Kancheepuram, Kancheepuram district.
2.The President,
G 175, Oragadam Primary Agricultural Cooperative
Credit Societies, Chengalpet Circle, Chengalpet,
Chengalpet district.
https://www.mhc.tn.gov.in/judis/
W.P. No.1498 of 2021
S.VAIDYANATHAN, J.,
jrs
W.P. No.1498 of 2021 and
W.MP.No.1692 of 2021
25.01.2021
https://www.mhc.tn.gov.in/judis/
