The Registrar Of Cooperative ... vs S.Kalimuthu
2022 Latest Caselaw 14982 Mad

                                                                        W.A(MD)No.1350 of 2013

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 07.09.2022

                                                     CORAM:

                                  THE HONOURABLE MRS.JUSTICE J. NISHA BANU
                                                       and
                           THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH

                                            W.A(MD)No.1350 of 2013
                                                    and
                                             M.P.(MD)No.3 of 2013



                     1.The Registrar of Cooperative Societies,
                       Chennai-10.

                     2.The Joint Registrar of Cooperative Societies,
                       Thanjavur.

                     3.The Deputy Registrar of Cooperative Societies,
                       Thanjavur.
                                                                  ... Appellants/Respondents


                                                        Vs.

                     S.Kalimuthu
                     Cooperative Sub Registrar,
                     Office of the Deputy Registrar of Coop Societies,
                     Aranthangi,
                     Pudukkottai District.                      ...Respondent /Petitioner




                     1/5
https://www.mhc.tn.gov.in/judis
                                                                        W.A(MD)No.1350 of 2013

                     PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent

                     praying this Court to set aside the order passed by this Court in

                     W.P(MD)No.12700 of 2010, dated 14.10.2011.


                                   For Appellants     : Mr.D.Sasikumar,
                                                       Additional Government Pleader


                                   For Respondent     : No Appearance


                                                    JUDGMENT

J. NISHA BANU, J.

AND N. ANAND VENKATESH, J.

The Registrar of Co-operative Societies, has filed this writ

appeal against the order passed by the learned Single Judge in W.P.(MD)

No.12700 of 2010 on 14.10.2011.

2. The respondent/petitioner approached this Court

challenging the cancellation of promotion granted in his favour in the

2008 panel.

https://www.mhc.tn.gov.in/judis W.A(MD)No.1350 of 2013

3. The learned Single Judge on considering the materials

available on record found that the charge memo was issued under Rule

17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, on

06.10.2008 against the respondent and on enquiry, the Enquiry Officer

found that the charges were not proved. However, the disciplinary

authority disagreed with the finding of the Enquiry Officer and ultimately

imposed a minor penalty of postponement of increment for three months

without cumulative effect. Thus what started as a major penalty,

ultimately culminated into a minor penalty.

4. In view of the above, the learned Single Judge found that

there was absolutely no justification in denying the respondent from

being considered for promotion from the year 2008 onwards or at least

from the year 2009 by including his name in the 2009 panel.

5. We do not find any ground to interfere with the finding of

the learned Single Judge and it is perfectly in order.

https://www.mhc.tn.gov.in/judis W.A(MD)No.1350 of 2013

6. In the result, the Writ Appeal stands dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

[J.N.B, J.] & [N.A.V., J.] 07.09.2022 Index:Yes/No Internet:Yes/No rm

https://www.mhc.tn.gov.in/judis W.A(MD)No.1350 of 2013

J. NISHA BANU, J.

AND N. ANAND VENKATESH, J.

rm

W.A(MD)No.1350 of 2013

07.09.2022

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