Madras High Court
M.V.Raja vs The Deputy Registrar Of ... on 6 December, 2022
W.A(MD) No.395 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD) No.395 of 2022
and
C.M.P(MD) No.4000 of 2022
M.V.Raja ... Appellant
-vs-
The Deputy Registrar of Co-operative
Societies, (Housing),
Madurai Region,
Madurai. ... Respondent
PRAYER: Writ Appeal filed under Section I5 of Letters Patent against
the order dated 08.03.2022 made in W.P.(MD)No.398 of 2020.
For Appellant : Mr.P.R.Prithiviraj
For Respondent : Mr.N.Ramesh Arumugam,
Government Advocate.
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Page 1 of 10
W.A(MD) No.395 of 2022
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
Challenging the order passed by this Court, dated 08.03.2022,
made in W.P.(MD)No.398 of 2020, the appellant has come forward with
this writ appeal.
2. The appellant / writ petitioner has filed writ petitions in W.P.
(MD)No.398 of 2020 and W.P.(MD)No.2878 of 2021, challenging the
charge memo dated 27.09.2019 and also seeking for a direction to furnish
all the documents listed out in Annexure – III of the charge memo in
Na.Ka.No.624/2019/Pa.thou, dated 27.09.2019, respectively.
3. The brief facts of the case are as follows:
The appellant / writ petitioner is working as Co-operative Sub-
Registrar and while he was working in the Public Distribution System, on
22.02.2013, the respondent has framed the following charges as against
the appellant / writ petitioner:
“Fw;wr;rhl;L 1
NkNy nrhy;yg;gl;l jpU.vk;.tP. ,uh[h $l;LwT
rhh;gjpthsh; 18.07.2009 Kjy; 29.09.2009 tiu> 21.10.2009
Kjy; 15.12.2009 tiu kw;Wk; 01.04.2010 Kjy; 17.07.2012
Kba cs;s fhyq;fspy; V-2890 v];gpI Copah;fs;
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W.A(MD) No.395 of 2022
kw;Wk; nghJr; Nrit $l;LwT tPl;Ltrjp rq;fj;jpy; jdp
mYtyuhfg; gzpahw;wpAs;shh;. ,th; jdp mYtyuhfg;
gzpGhpe;j fhyj;jpy; rq;fj;jpw;F nrhe;jkhd
fhyp ,lj;ij cWg;gpdh; my;yhj egUf;F tpw;gid
nra;jij fzpfhzpj;J jLf;fj; jtwpajd; %yk; ,th;
jdJ flik kw;Wk; nghWg;gpypUe;J jtwpapUgpgJld;
gjpthsh; (tPl;Ltrjp) mth;fspd; Rw;wwpf;iffs; kw;Wk;
muR Mizf;F KuzhfTk; nray;gl;Ls;shh;.
Fw;wr;rhl;L 2
NkNy nrhy;yg;gl;l jpU.vk;.tP. ,uh[h $l;LwT
rhh;gjpthsh; NkNy nrhy;yg;gl;l fhyj;jpy; Nkw;gb
rq;fj;jpy; jdp mYtyuhfg; nghWg;G tfpj;j fhyj;jpy;
rq;fj;jhy; 30.03.2012 md;W KiwNflhf tpw;gid
nra;ag;gl;l fhyp ,lj;jpw;Fhpa njhif rq;f fzf;fpy;
tuT itf;fg;glhkYk;> njhif
t#ypf;fg;glhky; ,Ue;jjpd; %yKk;> fz;fhzpf;fj;
jtwpajd; %yKk; rq;fj;jpd; md;whl gzpfspy;
ftdkpd;wp ,th; ,Ue;Js;shh;. ,jd; %yk; jdp
mYtyh; vd;w Kiwapy; ,th; jdJ flik
nghWg;gpypUe;J jtwp nray;gl;Ls;shh;.
Fw;wr;rhl;L 3
murhiz vz; 224 tPl;Ltrjp kw;Wk; efh;gG ; w
tsh;r;rpj;Jiw ehs; 27.11.09d;gb rq;fj;jpw;F nrhe;jkhd
fhypaplk; tpw;gid nra;ag;gltpy;iy. Fiwe;j gl;rk;
muR topfhl;b kjpg;G $l ngwg;glhjjhy; rq;fj;jpw;F
ngUk; epjpapog;G Vw;gl;Ls;sJ. ,e;j epfo;Tfs; %yk;
jdp mYtyh; jdJ flik nghWg;gpypUe;J jtwp
nray;gl;Ls;shh;.”
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https://www.mhc.tn.gov.in/judis
W.A(MD) No.395 of 2022
4. The appellant / writ petitioner appeared for the enquiry and the
Enquiry Officer has submitted his report to the respondent and based on
the Enquiry Officer's report, the respondent imposed the punishment of
stoppage of increment for two years with cumulative effect. The said
punishment imposed by the respondent has become final. That being so,
the respondent has issued a fresh charge memo, by his proceedings in
Na.Ka.No.624/2019/Pa.thou, dated 27.09.2019 for the very same set of
charges. Thus, the appellant / writ petitioner has filed a writ petition in
W.P.(MD)No.398 of 2020, challenging the aforesaid charge memo dated
27.09.2019. Pending the aforesaid writ petition, the appellant / writ
petitioner has also filed a writ petition in W.P.(MD)No.2878 of 2021,
seeking for a direction to provide all the documents listed out in
Annexure – III of the charge memo dated 27.09.2019. This Court, by
order dated 08.03.2022, disposed of the writ petition in W.P.(MD)No.
2878 of 2021, by observing as follows:
“7. In the present case, only the grievance set out by
the writ petitioner is that the documents are not furnished.
However, it is to be furnished during the course of enquiry
or the petitioner may be allowed to peruse the documents in
the present of the Enquiry Officer, if it is a confidential
document or otherwise as the case may be.
8. With this clarification, the Writ Petition stands
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W.A(MD) No.395 of 2022
disposed of. No costs. Connected miscellaneous petition is
closed.”
5. This Court, by order dated 08.03.2022, dismissed the writ
petition in W.P.(MD)No.398 of 2020, by observing as follows:
“5. In view of the fact that already the charges are
pending for about 2 ½ years, the respondent is directed to
proceed with the enquiry and conclude the same as
expeditiously as possible. The petitioner is directed to co-
operate for early disposal of the disciplinary proceedings.
In the event of non-co-operation on the part of the writ
petitioner, the same may be recorded in the proceedings
itself and in such circumstances, the petitioner is not
entitled to seek any relief on the ground of delay in
disposing the disciplinary proceedings.
6. Accordingly, the writ petition stands dismissed.
No costs. Connected miscellaneous petition is closed.”
Challenging the said order, the appellant / writ petitioner has filed the
present Writ Appeal.
6. The learned counsel appearing for the appellant submitted that
the charge memo dated 27.09.2019 has been issued for the very same set
of charges in the charge memo dated 22.02.2013, for which, the
respondent has already imposed the punishment against the appellant.
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W.A(MD) No.395 of 2022
The learned Single Judge, has failed to consider the said fact and on that
ground, the order of the learned single Judge is liable to be interfered
with.
7. Heard the learned Government Advocate appearing for the
respondent and perused the materials available on record.
8. On a perusal of the order passed by the learned single Judge in
W.P.(MD)No.398 of 2020, it is seen that earlier occasion, the respondent
has issued a charge memo dated 22.02.2013, to the appellant and on the
basis of the report of the Enquiry Officer, the respondent has already
imposed punishment against the appellant / writ petitioner and it has
become final. However, for the very same set of charges, the charge
memo dated 27.09.2019, has been issued and the appellant has
challenged the said charge memo before this Court in W.P.(MD)No.398
of 2020 and the writ Court without considering the fact that for the very
same set of charges, the respondent has already imposed the punishment
against the appellant and it has become final, directed the respondent to
proceed with the enquiry and conclude the same as expeditiously as
possible. However, for the reason best known to appellant / writ
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W.A(MD) No.395 of 2022
petitioner, he has also filed a writ petition in W.P.(MD)No.2878 of 2021,
seeking for a direction to provide all the documents listed out in
Annexure – III of the charge memo dated 27.09.2019, though the same
has become final and this Court has also directed to furnish the document
to the appellant during the course of enquiry.
9. We are of the view that when the appellant / writ petitioner has
approached this Court for the aforesaid relief to furnish the document to
submit explanation, now challenging the charge memo is untenable.
Therefore, we are not inclined to entertain the writ appeal. However, we
inclined to grant liberty to the appellant / writ petitioner to submit his
explanation to the charge memo dated 27.09.2019, to the respondent
within a period of two (2) weeks from the date of receipt of a copy of the
document furnished to the appellant / writ petitioner. On receipt of such
explanation, the respondent is directed to consider the same, by taking
into consideration of the fact that for the very same charges, punishment
has already been imposed against the appellant / writ petitioner, and pass
order on merits and in accordance with law, as expeditiously as possible.
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W.A(MD) No.395 of 2022
10. With the above direction, this Writ Appeal stands disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] [R.V., J.]
06.12.2022
Index : Yes / No
Internet : Yes / No
vsm
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https://www.mhc.tn.gov.in/judis
W.A(MD) No.395 of 2022
To
The Deputy Registrar of Co-operative
Societies, (Housing),
Madurai Region,
Madurai.
____________
https://www.mhc.tn.gov.in/judis
W.A(MD) No.395 of 2022
D.KRISHNAKUMAR, J.
and
R.VIJAYAKUMAR, J.
vsm
W.A.(MD) No.395 of 2022
06.12.2022
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https://www.mhc.tn.gov.in/judis
