Madras High Court
T.K.N.Saravanan vs The Joint Registrar Of ... on 7 July, 2021
W.P(MD)No.8663 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.8663 of 2021
and WMP(MD)Nos.6526 & 6528 of 2021
T.K.N.Saravanan ... Petitioner
vs.
1.The Joint Registrar of Co-operative Societies,
O/o. the Joint Registrar of Co-operative Societies,
Dindigul Region,
Dindigul District.
2.The Deputy Registrar of Co-operative Societies,
O/o. the Deputy Registrar of Co-operative Societies,
11/223, Raja Nagar,
Lakshmi Nagar Extension,
Palani, Dindigul District.
3.The President,
DD1196/K.C.Patti, Primary Agricultural
Co-operative Credit Society,
K.C.patti Post,
Perumalpatti viz.,
Kodaikanal Taluk,
Dindigul District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order passed by the third respondent in
his proceedings Nil dated 20.01.2020 and quash the same as illegal and
consequently to direct the respondents to disburse the subsistence
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W.P(MD)No.8663 of 2021
allowance of the petitioner from the month of January 2020 within the
period that may be stipulated by this Court.
For Petitioner : Mr.C.Venkatesh Kumar
for M/s.Ajmal Associates
For Respondents : Mr.P.Subbaraj,
Government Advocate.
ORDER
The petitioner has filed this Writ Petition challenging the order
passed by the third respondent in his proceedings dated 20.01.2020 and
for a consequential direction to the respondents to disburse the
subsistence allowance of the petitioner from the month of January 2020.
2. According to the petitioner, he was initially appointed as
Salesman on 07.05.1987 in DD 496/K.C.Patti, Primary Agricultural Co-
operative Credit Society, Dindigul District and subsequently, he was
promoted as Secretary. While so, the third respondent vide his
proceedings dated 20.01.2020, placed him under suspension in
contemplation of domestic enquiry. From that date onwards, suspension
is continued and no charge memo was issued to the petitioner till date.
The subsistence allowance was also not paid.
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W.P(MD)No.8663 of 2021
3. The learned counsel appearing for the petitioner submitted that
the order of suspension cannot be continued beyond three months, if no
charge memo is issued to the suspended employee. Even if charge memo
is issued within three months, the employer must give reasons for
extending the suspension for beyond three months. The order of
suspension must be revived periodically and on the facts of the present
case, the order of suspension can be revoked. He further submitted that
an employee cannot be kept under suspension for a prolonged period and
in support of his contention, he has also relied on a judgment of the
Hon'ble Apex Court in Ajay Kumar Choudhary Vs. Union of India
reported in 2015 (7) SCC 291.
4. Heard the learned counsel appearing for the petitioner and the
learned Government Advocate appearing for the respondents.
5. From the materials available on record, it is seen that petitioner
was suspended from service with effect from 20.01.2020 in
contemplation of domestic enquiry. The third respondent has not
mentioned the period of suspension in the impugned order. It is not in
dispute that the petitioner was placed under suspension on 20.01.2020
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W.P(MD)No.8663 of 2021
and is continued without any order for extension of suspension. The
third respondent has not served any charge memo on the petitioner and
also not conducted any domestic enquiry.
6. In view of the above facts, the ratio in the judgment of Hon'ble
Apex Court referred to above, is squarely applicable to the case of the
petitioner. Applying the ratio laid down in the judgment of Hon'ble Apex
Court in Ajay Kumar Choudhary Vs. Union of India reported in 2015
(7) SCC 291, the impugned order of suspension passed by the third
respondent is set aside. The third respondent is directed to reinstate the
petitioner into service within three weeks from the date of receipt of a
copy of this order and pay the subsistence allowance.
6. With the above direction, this Writ Petition is allowed. No
costs. Consequently, connected miscellaneous petitions are closed.
07.07.2021
Index : Yes / No
Internet : Yes / No
vsm
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.8663 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.
1.The Joint Registrar of Co-operative Societies,
O/o. the Joint Registrar of Co-operative Societies,
Dindigul Region,
Dindigul District.
2.The Deputy Registrar of Co-operative Societies,
O/o. the Deputy Registrar of Co-operative Societies,
11/223, Raja Nagar,
Lakshmi Nagar Extension,
Palani, Dindigul District.
3.The President,
DD1196/K.C.Patti, Primary Agricultural
Co-operative Credit Society,
K.C.patti Post,
Perumalpatti viz.,
Kodaikanal Taluk,
DindigulDistrict.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.8663 of 2021
V.M.VELUMANI,J.
vsm
W.P(MD)No.8663 of 2021
and WMP(MD)Nos.6526 & 6528 of 2021
07.07.2021
https://www.mhc.tn.gov.in/judis/
