Madras High Court
M.Sambanthan vs The Joint Registrar Of ... on 4 October, 2023
W.P.No.16745 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2023
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA
W.P. No.16745 of 2020
and
W.M.P.No.20764 of 2020
M.Sambanthan, M/48
S/o.K.Masilamani
No.3/890/1, Samadhanapuram
SIPCOT Housing Colony Backside
Mookkandapalli Post
Hosur Taluk
Krishnagiri District
... Petitioner
/Vs/
1.The Joint Registrar of Co-operative Societies
Vellore Region, Vellore
Vellore District.
2.The Managing Director
Vellore District Central Co-operative Bank
Vellore, Vellore District.
... Respondents
Writ Petition is filed under Article 226 of the Constitution of India
for issuance of Writ of Certiorarified Mandamus, to call for the entire
records relating to the impugned order passed by the first Respondent in
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.16745 of 2020
his proceedings Na.Ka.3607/2020/A2 dated 28.09.2020 and quash the
same and consequently direct the first Respondent to entertain the
Statutory Revision filed by the Petitioner on 10.08.2020 and dispose the
same on merits.
For Petitioner : Mr.C.Prakasam
For Respondents : Ms.P.Rajarajeswari (for R1)
Government Advocate
Mr.L.P.Shanmugasundaram (for R2)
ORDER
This Writ Petition has been filed for issuance of a Writ of
Certiorarified Mandamus, to call for the entire records relating to the
impugned order passed by the first Respondent in his proceedings
Na.Ka.3607/2020/A2 dated 28.09.2020 and quash the same and
consequently direct the first Respondent to entertain the Statutory Revision
filed by the Petitioner on 10.08.2020 and dispose the same on merits.
2.The Petitioner was working as Assistant Manager/Field Supervisor
in the second Respondent's Bank at Vaniyambadi branch. During such
course, disciplinary proceedings has been initiated against him for
https://www.mhc.tn.gov.in/judis
W.P.No.16745 of 2020
unauthorised absence and for which, he was imposed with a punishment of
stoppage of increment for three months. The Petitioner had filed Revision
Petition against the said order on 10.08.2020 before the first Respondent.
The same has been rejected by the first Respondent for the reason that
Revision Petition has not been filed within a period of limitation.
3.Learned counsel for the Petitioner cited the judgment of this Court
made in W.P.No.606 of 2011 dated 10.02.2011, wherein it is held that the
first Respondent has got power to condone the delay on the Revision
Petition filed by Petitioner and the first Respondent ought not to have
rejected the Petition for the reason of delay. According to the learned
counsel for the Petitioner, there is no limitation contemplated under
Section 153 of Tamil Nadu Cooperative Societies Act.
4.Learned Government Advocate appearing for the first Respondent
submitted that as per Section 153 of Tamil Nadu Cooperative Societies Act
limitation period is 90 days.
https://www.mhc.tn.gov.in/judis
W.P.No.16745 of 2020
5.Heard the learned counsel appearing on either sides and perused
the available records.
6.In the present case, the Petitioner has filed revision Petition after
nearly 10 years from the date of punishment. The impugned order has
been passed simply stating that the Revision Petition has not been filed
within a stipulated time limit. The Petitioner has also not filed any Petition
along with Revision Petition, to condone the delay.
7.In view of the judgment stated supra, the first Respondent has got
powers to condone the delay, however, only on merits. Hence, the
Petitioner is at liberty to file a Petition to condone the delay in filing the
Revision Petition. On receiving the same, the first Respondent shall
consider the same on merits and pass order as to condonation of delay and
depending upon the outcome of the said Petition, it is open to the first
Respondent to take up the revision petition and pass necessary orders on
merits.
https://www.mhc.tn.gov.in/judis
W.P.No.16745 of 2020
8.With the above direction, this Writ Petition is disposed of. No
costs. Consequently connected Miscellaneous Petition is closed.
04.10.2023
Index : Yes/No
Neutral citation : Yes/No
Speaking Order/Non-Speaking Order
sai
To
1.The Joint Registrar of Co-operative Societies
Vellore Region, Vellore
Vellore District.
2.The Managing Director
Vellore District Central Co-operative Bank
Vellore, Vellore District.
https://www.mhc.tn.gov.in/judis
W.P.No.16745 of 2020
R.N.MANJULA, J.
sai
W.P. No.16745 of 2020
and
W.M.P.No.20764 of 2020
04.10.2023
https://www.mhc.tn.gov.in/judis
