Madras High Court
The President vs Selvam ... 1St on 20 July, 2021
W.A.(MD)No.1051 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1051 of 2021
and
C.M.P(MD).No.4716 of 2021
The President,
Z637, Swamimalai Primary Agriculture
Co-operative Credit Society Ltd,
Swamimalai Post,
Kumbakonam Taluk,
Thanjavur District. ... Appellant/3rd Respondent
Vs.
1. Selvam ... 1st Respondents/Petitioner
2. The Joint Registrar,
Office of the Joint Registrar
of Co-operative Societies,
Thanjavur Region,
Thanjavur District.
3. The Deputy Regisrar,
Office of the Deputy Registrar
of Co-operative Societies,
Kumbakonam,
Thanjavur District. ... Respondents 2 & 3/
Respondents 1 & 2
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W.A.(MD)No.1051 of 2021
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.8221 of 2021, dated 30.06.2021.
For Appellant : Mr.Niranjan S.Kumar
For Respondents : Mr.A.K.Manikkam,
Standing Counsel for Government
for R2 and R3
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.Niranjan S.Kumar, learned counsel appearing for
the appellant and Mr.A.K.Manikkam, learned Government Counsel appearing
for the respondents 2 and 3.
2. This appeal filed by the Swamimalai Primary Agriculture Co-
operative Credit Society Limited, represented by its President, is directed
against the order dated 22.04.2021, in W.P(MD).No.8297 of 2021.
3. The first respondent filed the writ petition praying for issuance of a
Writ of Mandamus to direct the appellant to consider the representation dated
22.10.2019. In the said representation, the respondent sought for revoking the
order of suspension dated 31.05.2018.
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W.A.(MD)No.1051 of 2021
4. The learned Writ Court appears to have disposed of the writ
petition at the admission stage by directing the writ petitioner to give a fresh
representation for revocation of suspension within a time frame and on receipt
of the representation, the appellant was directed to consider the representation
and pass orders in consonance with the judgment of the Hon'ble Apex Court in
Ajay Kumar Choudhary vs. Union of India and another, (2015) 7 SCC 291,
within a time frame. Aggrieved by such direction, the appellant-Society is
before us.
5. Firstly, if the writ petition had to be disposed of at the admission
stage, no positive direction could have been issued nor anything could have
been observed on the merits of the claim made by the writ petitioner. In the
instant case, had the Writ Court disposed of the writ petition by issuing a
direction to the appellant to consider the representation, it might have been a
different matter. But the direction is to consider the representation and pass
orders in consonance with the judgment in the case of Ajay Kumar Choudhary
(cited supra). This in our view is a positive direction, which could not have been
issued without reference to the relevant service Rule, which govern the service
condition of the respondent.
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W.A.(MD)No.1051 of 2021
6. Furthermore, the decision in Ajay Kumar Choudhary cannot be
applied without considering the facts and circumstances of the case. The learned
Writ Court had no occasion to take note of the facts, because no counter-
affidavit was on record, as the writ petition was disposed of at the admission
stage. Further, the facts of the case as placed before us by the learned counsel
appearing for the appellant shows that a criminal case has been registered
against the respondent and the respondent was evading arrest and subsequently,
obtained anticipatory bail and the Society moved with the application for
cancellation of bail and in which, the respondent did not appear and in spite of
notice sent by this Court and therefore, the Court had to issue direction to
constitute a special team to nab the respondent and ultimately, he was secured
from Tirupathi and produced before the concerned Court. That apart, there is
allegations that the books of accounts and locker keys were taken away by the
respondent and he was absconding when the audit was going on.
7. In any event, the departmental enquiry has to be conducted after
issuance of charge memo and these issues can be very well agitate in the
domestic enquiry, which will be conducted.
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W.A.(MD)No.1051 of 2021
8. Hence, for the above reasons, we are of the clear view that the Writ
Court committed an error in allowing the writ petition by issuing a positive
direction at the admission stage, by applying the judgment in Ajay Kumar
Choudhary without noting the facts and circumstances of the case on hand.
9. For the above reasons, this Writ Appeal is allowed and the order
passed in the writ petition is set aside. No costs. Consequently, connected
miscellaneous petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 20.07.2021
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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 Regisrar,
Office of the Deputy Registrar
of Co-operative Societies,
Kumbakonam,
Thanjavur District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1051 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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W.A.(MD)No.1051 of 2021
20.07.2021
https://www.mhc.tn.gov.in/judis/
