Madras High Court
The President vs P.Mathaiyan on 11 August, 2023
W.A.No.2081 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 11.08.2023
CORAM
THE HONOURABLE Mr.JUSTICE R.MAHADEVAN
AND
THE HONOURABLE Mr.JUSTICE MOHAMMED SHAFFIQ
W.A.No.2081 of 2023
and
C.M.P.No.17805 of 2023
The President
represented by Muniyammal,
K.K.41, Thumbalahalli Primary Agricultural
Co-operative Credit Society,
Kendiganahalli Post, Karimangalam Taluk,
Dharmapuri District-635 205. .. Appellant
Vs.
1.P.Mathaiyan,
S/o.K.Ponnusamy,
Velampatti Village and Post,
Pochampalli Taluk,
Krishnagiri District-635 204.
2.The Registrar of Co-operative Societies,
170, N.V.Natarajan Maaligai,
Periyar EVR High Road,
Kilpauk, Chennai-600 010.
1/7
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W.A.No.2081 of 2023
3.The Joint Registrar of Co-operative Societies
Common Cadre Authority,
Dharmapuri Cirlce, Dharmapuri.
4.The Deputy Registrar of Co-operative Societies
Dharmapuri Circle, Dharmapuri.
5.H.S.Palani
Co-operative Sub-Registrar/Field Officer/
Domestic Enquiry Officer, Dharmapuri. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 09.02.2023 passed in W.P.No.3590 of 2023 on the file of this
Court.
For Appellant : Mr.J.Kamaraj
For R1 : Mr.M.Sedhumadhavan
For RR 2 to 4 : Mrs.Mythreye Chandru
Special Government Pleader
JUDGMENT
[Judgement of the Court was delivered by R.MAHADEVAN, J.]
This writ appeal has been filed by the appellant herein, challenging
the order passed by the learned single Judge in W.P.No.3590 of 2023 on
09.02.2023.
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W.A.No.2081 of 2023
2.The first respondent herein is the writ petitioner. The facts involved
in this case are that the first respondent was appointed as Secretary in the
S.974 Thindal Primary Agricultural Cooperative Credit Society, Dharmapuri
District on 07.01.1991 and after a period of 30 years, he was transferred to
the appellant Society by order dated 03.02.2021 and he joined the appellant
Society on 11.02.2021. He applied for medical leave on 05.03.2021. While
he was on medical leave, a Secretary-in-charge was appointed in his place.
Even after the first respondent assumed duty after medical leave, charges
were not handed over to him by the Secretary-in-charge. While so, the first
respondent was suspended from service by order dated 24.03.2022 pending
disciplinary proceedings and subsequently on 18.05.2022, charge memo was
also issued. The grievance of the first respondent is that since the date of his
suspension, he was not paid with subsistence allowance and that apart, he
was not able to defend his case effectively, as he was not furnished with the
documents relied upon by the appellant Society.
3.With the above background, the first respondent filed a writ petition
in W.P.No.3590 of 2023 to set aside the charge memo and for a direction to
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W.A.No.2081 of 2023
pay subsistence allowance from the date of suspension and to furnish the
documents relied upon by the second respondent in the charge memo dated
18.05.2022. Considering the arguments advanced on either side, the learned
Judge passed the following order:
“6. In order to ensure that a fair enquiry is conducted
against the petitioner, this Writ Petition is disposed of with the
following directions:
(a) the fourth respondent is directed to pay subsistence
allowance to the petitioner from 24.03.2022 to 24.01.2023,
within a period of four (4) weeks from the date of receipt of
a copy of this order;
(b) there shall be a further direction to the fourth respondent to
furnish the copies of documents that are relied upon to
substantiate the charges against the petitioner and such
copies shall be given to the petitioner within a period of
four (4) weeks from the date of receipt of a copy of this
order.
(c) on compliance of directions (a) and (b), the disciplinary
proceedings can continue and it shall be completed within a
period of three (3) months after the compliance of the
directions issued in (a) and (b).”
4.Aggrieved by the aforesaid order, the present writ appeal has been
filed by the Society.
5.Heard the learned counsel on either side and perused the materials
available on record.
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W.A.No.2081 of 2023
6.The main point that has been stressed by the learned counsel for the
appellant Society is that the bye-law of the Society is against the provision
of Tamil Nadu Payment of Subsistence Allowance Act, 1981 and that the
learned Judge has erred in allowing payment of subsistence allowance
because the first respondent was employed mainly in managerial or
administrative capacity and according to the bye-laws of the Society, he is
not eligible to be paid subsistence allowance. In this connection, this Court
would only say that the learned Judge has properly analysed the issue and
held that the enquiry proceedings itself will get vitiated if the subsistence
allowance is not paid and that, when a delinquent employee is under
suspension, the payment of subsistence allowance enables the employee to
sustain himself and to take care of his livelihood and if it is not paid, it will
amount to violation of rights guaranteed under Article 21 of the Constitution
of India. Further, if any such bye-law is framed against the provision of
Tamil Nadu Payment of Subsistence Allowance Act, 1981, then such a bye-
law is unsustainable in law. Therefore, we find no error or infirmity in the
order so passed by the learned Judge, warranting interference.
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W.A.No.2081 of 2023
7.In the result, the writ appeal stands dismissed with a direction to the
appellant to comply with the order passed by the learned Judge in letter and
spirit, having regard to the time limit in disbursing subsistence allowance
and furnishing copies of documents to the respondent. No costs.
Consequently, connected miscellaneous petition is closed.
[R.M.D., J.] [M.S.Q., J.]
11.08.2023
Index: Yes / No
Speaking order/ Non-speaking order
Neutral Citation: Yes / No
nsd
To
1. The Registrar of Co~operative Societies,
170, N.V.Natarajan Maaligai,
Periyar EVR High Road, Kilpauk,
Chennai - 600 010.
2. The Joint Registrar of Co~operative Societies/,
Common Cadre Authority,
Dharmapuri Region, Dharmapuri.
3. The Deputy Registrar of Co~operative Societies,
Dharmapuri Circle, Dharmapuri.
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W.A.No.2081 of 2023
R.MAHADEVAN, J.
AND
MOHAMMED SHAFFIQ, J.
nsd
W.A.No.2081 of 2023
11.08.2023
https://www.mhc.tn.gov.in/judis
