The President vs M.Latha
2022 Latest Caselaw 13972 Mad

                                                                              W.A.(MD)No.801 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 04.08.2022

                                                              CORAM

                                     THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                                     and
                                    THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                                    W.A(MD)No.801 of 2022
                                                            and
                                                  C.M.P.(MD)No.6837 of 2022

                The President,
                A1541, Periyakalaiyamputhur Primary
                  Agricultural Cooperative Credit Society,
                Palani, Dindiugl District.                                      ... Appellant

                                                        Vs.


                1.M.Latha

                2.The Regional Joint Registrar,
                  Office of the Joint Registrar,
                  District Collectorate, Dindigul.                              ... Respondents

                Prayer: Writ Appeal filed under Clause 15 of the Letter Patent, to set
                aside the order passed by this Court in W.P.(MD)No.9652 of 2020, dated
                15.06.2022.


                                  For Appellant       :Mr.D.Shanmugaraja Sethupathi
                                  For 2nd Respondent:Mr.N.Satheesh Kumar
                                                      Additional Government Pleader
                                                               ***




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                                                                        W.A.(MD)No.801 of 2022


                                                  JUDGMENT

(Judgment of the Court was delivered by S.S.SUNDAR, J.)

This Writ Appeal is directed against the order of Writ

Court dated 15.06.2022 made in W.P.(MD) No.9652 of 2020.

2. Heard Mr.D.Shanmugaraja Sethupathi, learned

counsel for the appellant and Mr.N.Sathesh Kumar, learned Additional

Government Pleader, appearing for the second respondent. In view of the

order we propose to pass in this Writ Appeal, notice to the first

respondent is dispensed with.

3. Learned Counsel for the appellant submitted that the

learned Single Judge while allowing the Writ Petition and setting aside

the impugned order on the ground of violation of principles of natural

justice failed to see that the appellant should be given liberty to proceed

further in accordance with law.

4. From the order of learned Single Judge, this Court is

unable to find any appreciation on merits to set aside the order of

termination. The writ petition is allowed and the impugned order is set

aside only on the ground that no enquiry was conducted before the order

https://www.mhc.tn.gov.in/judis W.A.(MD)No.801 of 2022

of termination. Hence, this Court is of the view that learned Single Judge

ought to have given liberty to the appellant to proceed further against

the employee in accordance with law.

5. In view of the above, this Writ Appeal is partly allowed.

While confirming the order of learned Single Judge, allowing the Writ

Petition and by setting aside the order of termination, this Court grants

liberty to the appellant to proceed against the writ petitioner by holding

an enquiry in the manner known to law. The entire exercise shall be

completed within a period of eight week from the date of receipt of a

copy of this order. Registry is directed to communicate a copy of this

order to the first respondent. No costs. Consequently, connected

Miscellaneous Petition is closed.

                                                           [S.S.S.R., J.]    [S.S.Y., J.]
                                                                      04.08.2022
                Index             : Yes / No

                sj

                To

                The Regional Joint Registrar,
                Office of the Joint Registrar,
                District Collectorate, Dindigul.

https://www.mhc.tn.gov.in/judis W.A.(MD)No.801 of 2022

S.S.SUNDAR, J.

and S.SRIMATHY, J.

sj

W.A(MD)No.801 of 2022

04.08.2022

https://www.mhc.tn.gov.in/judis