Madras High Court
M.Raman vs The Registrar on 7 August, 2024
W.P.No.12181 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE VIVEK KUMAR SINGH
W.P.No.12181 of 2021 and
W.M.P.Nos.12964 to 12966 of 2021
M.Raman ...Petitioner
-Vs-
1.The Registrar,
Co-operative Societies,
Chetpet, Chennai 600 031.
2.The Joint Registrar,
Co-operative Department,
Dharmapuri.
3.The Secretary,
K.K.281, Primary Agricultural
Co-operative Credit Society,
Kolasanahalli, Dharmapuri District.
4.The Special Officer,
K.K.281, Primary Agricultural
Co-operative Credit Society,
Kolasanahalli, Dharmapuri District. ... Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus to call for
the records of the 4th respondent made in his proceeding dated 18.02.2012
and quash the same and consequently direct the respondents to reinstate
the petitioner in service with all back wages, continuity of service as on
https://www.mhc.tn.gov.in/judis
Page 1 of 6
W.P.No.12181 of 2021
23.02.2011.
For Petitioner : Mr.D.Rameshkumar
For Respondents : Mr.R..Dinesh Rajkumar,
AGP for R1 & R2
Mr.M.Murali, GA for R3 & R4
ORDER
This Writ Petition has been filed challenging the order
passed by the fourth respondent dated 18.02.2012 and to direct the
respondents to reinstate the petitioner in service with all back wages,
continuity of service as on 23.02.2011.
2. Heard the learned counsel appearing on either side and
also perused the materials available on record.
3. The case of the petitioner is that the petitioner has joined
the service as salesman in the year 2000. On 23.02.2011, the 4th
respondent conducted an inspection and found shortage in certain
products to the value of Rs.19,754.80/-, but the same was not failed to
take into account by the 4th respondent till the time of inspection. Due to
which, the petitioner was initially suspended for 3 months and no
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subsistence allowance was paid to him. Thereafter, the suspension was
periodically extended and the petitioner gave a letter by accepting
shortage in stock. But the respondents 3 and 4 removed the petitioner
from service and issued a charge memo dated 20.07.2011 with two
charges. Based on the complaint of the respondents, the Civil Supplies
CID, Krishnagiri registered a First Information Report in Crime No.533
of 2011 with inordinate delay of 6 months. After completion of
investigation, the final report has been filed and the same was taken
cognizance by the learned Judicial Magistrate No.I, Dharmapuri in
C.C.No.147 of 2012 and the petitioner was acquitted on 07.02.2018.
Thereafter, the petitioner requested for reinstatement of service and also
made a representation to that effect on 13.12.2018. Since the
representation is not yet considered, the petitioner has filed the present
petition.
4. The learned counsel for the petitioner would submit that
the petitioner was issued with charge memo of short fall in stocks and the
respondents 3 and 4 had forced the petitioner to remit the amount of
Rs.19,754.80/- and further orally compelled to execute a letter admitting
the guilt. The petitioner had given a letter by accepting the shortage in
https://www.mhc.tn.gov.in/judis
stock and the shortage amount was also remitted. But however the
respondents 3 and 4 without considering the same, gave a complaint
before the Civil Supplies CID, Krishnagiri after 6 months. On completion
of investigation, final report has been filed which was taken on file by the
learned Judicial Magistrate No.I, Dharmapuri in C.C.No.147 of 2012, in
which, the petitioner had also acquitted. Thereafter, the petitioner made a
representation before the respondents 3 and 4 for reinstatement in service,
but the same is not considered till date.
5. The learned Additional Government Pleader appearing for
the respondents 1 and 2 would submit that the petitioner had statutory
remedy to file a revision petition under Section 153 of the Tamil Nadu
Co-operative Societies Act, 1983, but the petitioner failed to avail that
remedy and directly approached this Court by way of this writ petition,
after a delay of 9 years which is inordinate and the reason for the delay
has not been properly explained. In support of his contention, he also
relied on a judgment of the Larger Bench of this Court in the case of
K.Marappan Vs. The Deputy Registrar of Co-operative Societies,
Namakkal Circle, reported in 2006 (4) CTC 689.
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6. In the light of the Larger Bench judgment in K.Marappan Vs.
Dy. Registrar of Co-operative Societies, Namakkal (2006 (4) CTC 689),
the writ petition is not maintainable and the same is dismissed.
Consequently, connected Miscellaneous Petitions are also closed. No
costs.
07.08.2024
Internet: Yes
Index : Yes/No
Speaking/Non Speaking order
vkr
To
1.The Registrar,
Co-operative Societies,
Chetpet, Chennai 600 031.
2.The Joint Registrar,
Co-operative Department,
Dharmapuri.
3.The Secretary,
K.K.281, Primary Agricultural
Co-operative Credit Society,
Kolasanahalli, Dharmapuri District.
VIVEK KUMAR SINGH. J,
vkr
https://www.mhc.tn.gov.in/judis
4.The Special Officer,
K.K.281, Primary Agricultural
Co-operative Credit Society,
Kolasanahalli, Dharmapuri District.
W.P.No.12181 of 2021 and
W.M.P.Nos.12964 to 12966 of 2021
07.08.2024
https://www.mhc.tn.gov.in/judis
