Alagarsamy vs The Management
2022 Latest Caselaw 4700 Mad

                                                                       W.P.(MD) No.24674 of 2019


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


                                              DATED: 09.03.2022
                                                   CORAM
                                  THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM


                                           W.P.(MD) No.24674 of 2019
                                                     and
                                           WMP(MD)No.21314 of 2019


                     Alagarsamy                                     ... Petitioner

                                                    -Vs-

                     1.The Management,
                       Q-308 Perunkarai Primary
                       Agricultural Co-operative Bank,
                       Now called as Q-308, Perunkarai Primary
                       Agricultural Co-operative Credit Society,
                       Keela Perunkarai,
                       Paramagudi Taluk,
                       Ramanad District.

                     2.The Enquiry Officer,
                       Q-308 Perunkarai Primary
                       Agricultural Co-operative Bank,
                       Now called as Q-308, Perunkarai Primary
                       Agricultural Co-operative Credit Society,
                       Keela Perunkarai,
                       Paramagudi Taluk,
                       Ramanad District.                            ... Respondents


                     Prayer: Writ Petition filed under Article 226 of the Constitution of
                     India for issuance of a Writ of Certiorari, to call for the records
                     relating to the Ex-parte Enquiry Report dated 02.03.2019 passed
                     by the 2nd respondent and consequently the 2nd show-cause notice
                     dated 27.07.2019 issued by the 1st respondent and quash the same
                     are illegal.

https://www.mhc.tn.gov.in/judis
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                                                                               W.P.(MD) No.24674 of 2019




                                  For Petitioner          : Mr.D.Anbarasu

                                  For Respondents         : Mr.M.Ramesh
                                                            Govt.Advocate


                                                         ORDER

The Enquiry Report, dated 02.03.2019 submitted by the 2nd

respondent to the Disciplinary Authority is under challenge in the

present writ petition.

2. It is not in dispute that the petitioner is an employee of the

Primary Agricultural Co-operative Bank, which is a Co-operative

Society registered under the Provisions of the Tamil Nadu Co-

operative Societies Act. The Society is not funded by the

Government and therefore, it is not a State within the meaning of

Article 12 of the Constitution of India. As per the Judgment of a

Larger Bench of the High Court of Madras in the case of

K.Marappan Vs. The Deputy Registrar of Co-operative

Societies, Namakkal reported in (2006 (4) CTC 689), the

petitioner has to exhaust the statutory remedies contemplated

under the Tamil Nadu Co-operative Societies Act, more specifically,

Section 153 of the Act contemplates Revision and the grievances of

the employees are to be redressed by filing a Revision Petition in

an appropriate format, by paying required fee. This being the

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

W.P.(MD) No.24674 of 2019

factum, the petitioner is at liberty to approach the Revisional

Authority under the Act for redressal of his grievances in the

manner known to law.

3. With these liberty, the writ petition stands disposed of. No

costs. Consequently, the connected miscellaneous petition is

closed.

09.03.2022 Index : Yes/No Internet: Yes/No MPK

To

1.The Management, Q-308 Perunkarai Primary Agricultural Co-operative Bank, Now called as Q-308, Perunkarai Primary Agricultural Co-operative Credit Society, Keela Perunkarai, Paramagudi Taluk, Ramanad District.

2.The Enquiry Officer, Q-308 Perunkarai Primary Agricultural Co-operative Bank, Now called as Q-308, Perunkarai Primary Agricultural Co-operative Credit Society, Keela Perunkarai, Paramagudi Taluk, Ramanad District.

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

W.P.(MD) No.24674 of 2019

S.M.SUBRAMANIAM, J.

MPK

W.P.(MD) No.24674 of 2019

09.03.2022

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