M/S.Dd 555 vs T.M.Murugan
2023 Latest Caselaw 5423 Mad

                                                                            W.A(MD)No.693 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 05.06.2023

                                                       CORAM :

                          THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                         THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                              W.A(MD)No.693 of 2023

                M/s.DD 555, Kottampatti Primary
                Agricultural Co-operative Credit Society,
                At Kamatchipuram, Kottapatti Post,
                Dindigul-624002 through its President.                       ... Appellant

                                                         vs.
                1. T.M.Murugan

                2. The Joint Registrar of Co-operative Societies,
                Dindigul Region,
                O/o Joint Registrar of Co-operative Societies,
                Velunachiar Complex (Collectorate complex),
                Dindigul.

                3. The President,
                Disciplinary Action Committee,
                (The Joint Registrar of Co-operative Societies),
                O/o. Joint Registrar of Co-operative Societies,
                Velunachiar Complex (Collectorate complex),
                Dindigul.                                               ... Respondents

                     PRAYER : Appeal filed under Clause 15 of Letters Patent,
                against the order passed in W.P(MD)No.11657 of 2019 dated
                19.04.2022.

                                  For Appellant    : Mr.R.Saravanan
                                  For R1           : Mr.T.Ravichandran
                                  For R2 to R4     : Mr.R.Ragavendran, Government Advocate

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                                                                         W.A(MD)No.693 of 2023


                                                 JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

The Writ Court has rightly set aside the punishment

imposed by the President of the appellant Society on the ground that

the delinquent employee being the Secretary comes under the

common cadre of service and it is the Regional Joint Registrar who is

the disciplinary authority.

2. The learned counsel for the appellant would, however,

contend that the entire disciplinary proceedings are conducted by the

Regional Joint Registrar and only the final order was passed by the

President of the Society. Even assuming that the said contention is

correct, still the order of the Writ Court cannot be faulted with. If 'A'

is a disciplinary authority, it is for 'A' to conduct the enquiry,

complete the proceedings and pass final orders. The function of

passing of final orders alone cannot be delegated to the President of

the Co-operative Society. Hence, we do not see any illegality or

infirmity in the order of the Writ Court.

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

W.A(MD)No.693 of 2023

3. The Writ Appeal fails and it is accordingly dismissed. No

costs.

(R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.) 05.06.2023

Index : Yes / No Internet : Yes Neutral Citation : Yes / No bala

To

1. The Joint Registrar of Co-operative Societies, Dindigul Region, O/o Joint Registrar of Co-operative Societies, Velunachiar Complex (Collectorate complex), Dindigul.

2. The President, Disciplinary Action Committee, (The Joint Registrar of Co-operative Societies), O/o. Joint Registrar of Co-operative Societies, Velunachiar Complex (Collectorate complex), Dindigul.

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

W.A(MD)No.693 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala

JUDGMENT MADE IN W.A(MD)No.693 of 2023 DATED : 05.06.2023

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