P.Subramani vs The Registrar Of Co-Operative ...
2023 Latest Caselaw 2310 Mad

                                                                             W.A(MD)No.386 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 13.03.2023

                                                       CORAM :

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

                                             W.A(MD)No.386 of 2022

                    P.Subramani                                        ... Appellant

                                                           vs.

                    1. The Registrar of Co-operative Societies,
                    170, E.V.R. High Road,
                    Kelpauk,
                    Chennai.

                    2. The Joint Registrar of Co-operative Societies,
                    Collectorate,
                    Thanthonimalai,
                    Karur District.

                    3. The President,
                    R-240, K.N.Pudur Primary Agricultural
                    Co-operative Credit Society,
                    N.Pudur, Nanniyoor Post,
                    Karur District.                                    ... Respondents


                              PRAYER : Writ Appeal filed under Clause 15 of Letters

                    Patent,       against   the    order    dated   17.09.2019    passed       in

                    W.P(MD)No.7329 of 2015.


                    1/6
https://www.mhc.tn.gov.in/judis
                                                                            W.A(MD)No.386 of 2022


                                   For Appellants      : Mr.I.Suthakaran
                                   For R1 & R2         : Mr.K.S.Selvaganesh
                                   For R3              : Mr.M.Saravanakumar


                                                      JUDGMENT

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

The appellant/writ petitioner is aggrieved by the

dismissal of his writ petition challenging the reduction of the

subsistence allowance payable to him by the third respondent in

his proceedings dated 31.03.2015.

2. The main ground on which the subsistence allowance

was reduced to 50% is that the appellant has not co-operated

with the enquiry. The issue relating to payment of subsistence

allowance is governed by the Tamil Nadu Payment of

Subsistence Allowance Act, 1981. Section 3 which provides for

payment of subsistence allowance reads that an employee shall

be entitled to receive entire salary as subsistence allowance, if

the suspension exceeds 180 days. Admittedly, in the case on

hand, suspension has exceeded 180 days and the employee was

https://www.mhc.tn.gov.in/judis W.A(MD)No.386 of 2022

being paid entire salary as subsistence allowance prior to the

reduction. The reduction has been made on the ground that the

delinquent employee has not co-operated for the enquiry. We

do not think such an order could be sustained in view of the

clear provisions of the Act which do not empower the disciplinary

authority to reduce subsistence allowance on the ground of non

co-operation by the employee. The Writ Court had, however,

dismissed the writ petition on the ground that the language of

Section 3 gives an indication that the object behind the proviso

was to prevent any mischief. Though there is some delay on the

part of the appellant, major delay is attributable to the

respondents only. Despite the fact that the appellant has been

repeatedly contending that the President of the Society does not

have jurisdiction to conduct an enquiry against him, the enquiry

proceedings were kept pending before the President and they

are eventually transferred to the Joint Registrar of Co-operative

Societies, Karur Division, only on 10.05.2022.

https://www.mhc.tn.gov.in/judis W.A(MD)No.386 of 2022

3. We, therefore, find that the appellant alone cannot be

blamed for the delay in the conduct of enquriy. The respondents

have also contributed to a certain extent. It is stated that

criminal proceedings are also pending. In any event, the

reasons for the delay that are attributable to the Management

are more stronger than the reasons for the delay attributable to

the appellant. We do not think that the Writ Court was justified

in refusing to interfere with the order passed by the disciplinary

authority as it now turns out that the President namely, the 3rd

respondent was not the disciplinary authority at all and it is only

the Joint Registrar who should have conducted the enquiry.

Therefore, on the ground of jurisdiction also, the order

impugned in the writ petition ought to have been set aside.

4. In view of the above, the Writ Appeal stands allowed

and the order of the Writ Court is set aside. We, however, make

it clear that the appellant would be entitled to full subsistence

allowance from the month of March 2023 till completion of

enquiry. The respondents will do well to complete the enquiry

https://www.mhc.tn.gov.in/judis W.A(MD)No.386 of 2022

within a period of four months from the date of receipt of a copy

of this judgment. No costs.

                    NCC      : Yes / No              [R.S.M.,J.] & [L.V.G.,J.]
                    Index : Yes / No                         13.03.2023
                    Internet : Yes
                    bala

                    To

1. The Registrar of Co-operative Societies, 170, E.V.R. High Road, Kelpauk, Chennai.

2. The Joint Registrar of Co-operative Societies, Collectorate, Thanthonimalai, Karur District.

https://www.mhc.tn.gov.in/judis W.A(MD)No.386 of 2022

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala

JUDGMENT MADE IN W.A(MD)No.386 of 2022 DATED : 13.03.2023

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