Madras High Court
S.Sheela Devi vs The Joint Registrar Of ... on 8 September, 2021
W.P(MD)No.6109 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.09.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)No.6109 of 2021
and
MP(MD)No.4753 of 2021
S.Sheela Devi,
Sales Woman,
Pullampadi West Fair Price Shop,
TY.SPL92 Pullampadi Primary Agricultural
Co-operative Credit Society,
Pullampadi Post, Lalgudi Taluk,
Thiruchirappalli District. ... Petitioner
Vs.
1.The Joint Registrar of Co-operative Societies,
Tiruchirappalli Region,
O/o. Joint Registrar of Co-operative Societies,
Tiruchirappalli District.
2.The Deputy Registrar of Cooperative Societies,
( Public Distribution System),
Tiruchirappalli,
Tiruchirappalli District.
3.The Deputy Registrar of Co-operative Societies,
Lalgudi,
Tiruchirappalli District.
4.The President,
TY.SPL92 Pullampadi Primary Agricultural
Co-operative Credit Society,
Pullampadi Post, Lalgudi Taluk,
Thiruchirappalli District.
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W.P(MD)No.6109 of 2021
5.D.Don Bosco,
Weighter,
Pullampadi East Fair Price Shop,
TY.SPL92 Pullampadi Primary Agricultural
Co-operative Credit Society,
Pullampadi Post, Lalgudi Taluk,
Thiruchirappalli District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari, to call for the records pertaining
to the impugned order of suspension passed by the 4th respondent herein vide
Nil dated 15.03.2021 and the consequential order passed by the 4 th respondent
vide Nil dated 15.03.2021 and quash the same as illegal.
For Petitioner : Mr.B.Brijesh Kishore
For Respondents : Mr.S.Shanmugavel
Standing Counsel for R1 to R3
Mr.P.Mahendran, learned counsel for R4
Mr.S.Sukumar, learned counsel for R5
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Certiorari, to call for the records pertaining to the impugned order of
suspension passed by the 4th respondent herein vide Nil dated 15.03.2021 and
the consequential order passed by the 4th respondent vide Nil dated 15.03.2021
and quash the same as illegal.
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W.P(MD)No.6109 of 2021
2. By consent of both parties, the Writ Petition itself is taken up for final
disposal at the admission stage itself.
3. Heard the learned counsel appearing for the petitioner and the learned
Standing counsel appearing for the respondents 1 to 3 and perused the materials
available on record.
4. According to the petitioner, she was appointed as a Sales Woman at
Venkatachalapuram Primary Agricultural Co-operative Societies on 05.08.1999.
For certain lapses, on an earlier occasion though she was terminated from
service, however, at the instance of this Court, she was reinstated. While so,
based on the impugned proceedings of the 2nd respondent dated 30.11.2020,
the 4th respondent vide proceedings dated .01.2021 issued Charge Memo
against the petitioner alleging that she distributed less Kerosene to the family
card holders and failed to distribute additional rice with correct quantity. The
said Charge Memo was challenged by the petitioner in W.P.(MD)No.3563 of
2021 on the grounds that no opportunity of personal hearing was given before
issuing Charge Memo and that the relevant documents were not furnished. This
Court, while disposing of the said writ petition, directed the 4th respondent to
consider the petitioner's objections dated 04.02.2021 and 11.02.2021 and pass
appropriate orders. Pursuant to the same, the 4th respondent passed a resolution
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W.P(MD)No.6109 of 2021
on 24.02.2021 stating that the preliminary explanation made by the petitioner
dated 11.02.2021 was not satisfactory and passed the impugned order of
suspension vide his proceedings dated 15.03.2021 and consequential
proceedings dated 15.03.2021 directing the petitioner to hand over the charge
to the 5th respondent. Challenging the same the petitioner has come forward
with the present petition.
5. The relief claimed by the petitioner is against the co-operative society.
It is a well settled proposition that the writ petition against the co-operative
society is not maintainable in view of the Larger Bench judgment of this Court
in "K.Marappan Vs. The Deputy Registrar of Cooperative Societies,
Namakkal Circle, Namakkal and another" reported in 2006 (4) CTC 689.
Hence, the writ petition fails and the same is dismissed as not maintainable. No
costs. However, the petitioner is at liberty to approach the authorities
concerned constituted under the Act and seek appropriate relief. No costs.
Consequently, connected WMP is closed.
08.09.2021
Index : Yes / No
Internet : Yes/ No
dn
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.6109 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,
Tiruchirappalli Region,
O/o. Joint Registrar of Co-operative Societies,
Tiruchirappalli District.
2.The Deputy Registrar of Cooperative Societies,
( Public Distribution System),
Tiruchirappalli,
Tiruchirappalli District.
3.The Deputy Registrar of Co-operative Societies,
Lalgudi,
Tiruchirappalli District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.6109 of 2021
D.KRISHNAKUMAR, J.
dn
W.P(MD)No.6109 of 2021
08.09.2021
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