Madras High Court
The Registrar Of Cooperative ... vs P. Ramamoorthy on 2 September, 2021
Writ Appeal No.1679 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2021
CORAM :
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
Writ Appeal No.1679 of 2021
1. The Registrar of Cooperative Societies,
O/o the Registrar of Coop Society,
No.170, N.V.Natarajan Maligai,
Periyar E.V.R. High Road,
Kilpauk, Chennai - 10.
2. The Additional Registrar of Cooperative Societies,
(Finance and Banking),
O/o the Registrar of Coop Society,
No.170, N.V.Natarajan Maligai,
Periyar E.V.R. High Road,
Kilpauk, Chennai - 10.
3. The Joint Registrar of Coop Societies,
O/o. The Joint Registrar of Coop Societies,
No.3, Beach Road,
Cuddalore. ... Appellants
vs.
P. Ramamoorthy ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 05.12.2019 passed by this Court in W.P.No.5728 of 2016.
Page No.1 of 5
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Writ Appeal No.1679 of 2021
For Appellants : Mr.K.V.Sajeev Kumar,
Government Advocate
For Respondent : Mr.G.Ilamurugan
JUDGMENT
(Judgment of the Court delivered by S.VAIDYANATHAN,J.)
This Writ Appeal is directed against the order dated 05.12.2019 passed
by this Court in W.P.No.5728 of 2016.
2. The Respondent herein, who is the Writ Petitioner has challenged
the order dated 26.10.2015 passed by the 2nd Respondent therein, whereby, his
promotion was deferred for the reason that, he was involved in a Criminal
case, and has sought for a consequential direction to the Respondents therein
to consider his claim for promotion as Senior Inspector of Co-operative
Societies with effect from 01.05.1995 on par with his juniors and to sanction
and disburse all the consequential service and other monetary benefits.
3. The learned Single Judge, after hearing both sides, allowed the
Writ Petition and directed the 2nd Respondent therein to consider the Writ
Petitioner's name for inclusion in the panel for the year 1994-1995, if he is
otherwise eligible, within a period of twelve weeks from the date of receipt of
a copy of the order.
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Writ Appeal No.1679 of 2021
4. During the course of hearing, the learned Government Advocate
brought to the notice of the learned Single Judge that, as on the crucial date i.e.
01.05.1995, only the criminal case in Crime No.12 of 1994 was pending and
no punishment on the departmental side was imposed on the Writ Petitioner
and no action was initiated against him. That apart, the Writ Petitioner was
acquitted from the criminal case by the Judicial Magistrate-I, Cuddalore vide
order dated 25.05.2015 in C.C.Nos.181 to 184 of 2006.
5. Heard the learned counsel for the parties and perused the material
documents available on record.
6. It is seen that, no Appeal has been preferred by the
Department challenging the order dated 25.05.2015 in C.C.Nos.181 to 184
of 2006 and hence, the order of the Judicial Magistrate-I, Cuddalore, has
become final. Taking note of the submissions made by the learned
Government Advocate, the learned Single Judge interfered with the impugned
order dated 26.10.2015 and directed the Respondents therein to consider the
case of the Writ Petitioner for inclusion in the panel for the year 1994- 1995, if
he is otherwise eligible.
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Writ Appeal No.1679 of 2021
7. In view of the foregoing, we do not find any error in the order
dated 05.12.2019 passed by the learned Single Judge in W.P.No.5728 of 2016.
Accordingly, the Writ Appeal stands dismissed. However, time granted by
the learned Single Judge is extended by three months from the date of
receipt of a copy of this order. No costs. Consequently, connected
C.M.P.No.10660 of 2021 is closed.
[S.V.N.,J.] [A.A.N.,J.]
02.09.2021
Index : Yes/No
Speaking Order : Yes/No
(vm/aeb)
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Writ Appeal No.1679 of 2021
S.VAIDYANATHAN,J.
AND
A.A.NAKKIRAN,J.
(aeb)
Judgment in
WRIT APPEAL No.1679 OF 2021
02.09.2021
https://www.mhc.tn.gov.in/judis/
