Madras High Court

K.Periyasamy vs / on 4 January, 2024

W.P.Nos.22764 & 23733 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2024

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA

W.P. Nos.22764 & 23733 of 2021
and W.M.P.Nos.23992, 24987 & 24988 of 2021

K.Periyasamy ... Petitioners in both W.P's.

/vs/

1. The Joint Registrar of Cooperative Societies,
Perambalur region,
Perambalur District.

2. The Domestic Enquiry Officer,
Office of the Domestic Enquiry Officer,
Ty. Spl. 109 V.Kalathur Primary Agricultural
Co-operative Credit Society,
Veppanthattai V.Kalathur Taluk,
Perambalur District.

3. The President,
Ty.Spl 109 V.Kalathur Primary Agricultural
Co-operative Credit Society,
Veppanthattai V.Kalathur Taluk,
Perambalur District. ... Respondents in both W.P's.

Page 1 of 8

https://www.mhc.tn.gov.in/judis
W.P.Nos.22764 & 23733 of 2021

Writ Petition in W.P.No.22764 of 2021 is filed under Article 226 of

the Constitution of India to issue a writ of certiorarified mandamus calling

for the entire records of the second respondent in his proceedings dated

21.07.2021 bearing No. Nil. being the enquiry report and the consequential

proceedings of the third respondent dated 18.08.2021 vide proceeding No.

NIL and quash the same and consequentially direct the third respondent to

reinstate the petitioner into service with all monetary and other benefits

within a time frame fixed by this court.

Writ Petition in W.P.No.23733 of 2021 is filed under Article 226 of

the Constitution of India to issue a writ of certiorarified mandamus calling

for the entire records of the third respondent in his proceedings dated

13.08.2019 bearing No. Nil and quash the same and consequentially direct

the third respondent to reinstate this petitioner into service with all

monetary and other benefits within a time frame fixed by this Court.

For Petitioner ... Mr.G.Ilamurugu
(in both W.P's.)
For Respondents ... Mr.Yogesh Kannadasan
(in both W.P's.) Special Govt. Pleader for R1 & R2

Mr.T.Chezhiyan
Additional Govt. Pleader for R3

Page 2 of 8

https://www.mhc.tn.gov.in/judis
W.P.Nos.22764 & 23733 of 2021

COMMON ORDER

The petitioner who is working as a Secretary in Ty.Spl.109

V.Kalathur Primary Agricultural Co-operative Credit Society, Veppanthatai

V.Kalathur Taluk has filed these two writ petitions; one challenging the

show cause notice dated 18.08.2021 and enquiry report dated 21.07.2021

and another writ petition to quash the order of suspension dated

13.08.2019.

2. The primary grounds raised by the learned counsel for the

petitioner is that the charge memo has been issued in violation of Rule

30(1) of Common Cadre Service Rules, 2019 which came into effect on

12.02.2019. According to the learned counsel for the petitioner the

President of the Society has issued a charge memo without approval of the

Common Cadre Authority which is illegal.

2.1. Reliance was placed on the judgment of the Division Bench of

this Court in the case of K.Krishnan Vs. Additional Registrar of Co-

https://www.mhc.tn.gov.in/judis W.P.Nos.22764 & 23733 of 2021

operative Societies, Kilpauk and others in W.A.No.1173 of 2022 dated

09.06.2014 wherein it is observed that the respondent has failed to obtain

the approval from the competent authority in terms of the Government

order and such show cause or charge memo issued lacks jurisdiction. But

in the said case at the time when the proceedings were initiated, the Board

was suspended and the Special Officer was put in-charge of the Society

and hence it is held that the Special Officer is the competent authority to

initiate disciplinary proceedings and appoint enquiry officer. In the case on

hand, the Board is very much in place and as on today, the enquiry has

been completed and enquiry report has also been filed. Only at this stage,

the petitioner has filed these writ petitions challenging the very authority

of the person who had issued a charge memo and appointed the enquiry

officer.

3. Mr.T.Chezhiyan, the learned Additional Government Pleader

submitted that in the meeting dated 01.09.2023 held in the presence of

Common Cadre Authority, the minutes have been passed to obtain further

explanation from the petitioner on the proved charges; a second show

https://www.mhc.tn.gov.in/judis W.P.Nos.22764 & 23733 of 2021

cause notice has also been served on the petitioner on 04.09.2023 and the

petitioner has also given his reply on 21.09.2023; hence the petitioner had

now filed these writ petitions as an after thought to frustrate the conclusion

of the disciplinary proceedings.

4. As per Rule 29(5) of the Common Cadre Service Rules, 2019 the

Board of the Primary Agricultural Co-operative Credit Society shall have

the authority and power to impose certain punishments. Under Rule 31 of

the Common Cadre Service Rules, 2019, the nature of the punishment and

details of the appellate authority to whom the appeal would lie have been

given. Now, the matter is in the hands of the Board of Primary Agricultural

Cooperative Credit Society and only if the enquiry report is accepted and if

any punishment is passed by the Board, the petitioner will get the

opportunity to file an appeal. The petitioner who had subjected himself to

the enquiry proceedings by participating in the same, had chosen to

challenge the show cause and the order of suspension at a belated stage by

invoking Rule 30(i) & 31(1) of the Common Cadre Service Rules, 2019.

https://www.mhc.tn.gov.in/judis W.P.Nos.22764 & 23733 of 2021

5. The learned counsel for the petitioner tried to make a distinction

that had arisen in this case by pointing out that the show cause or charge

memo has been issued only consequent to the enquiry report under Section

81 of the Cooperative Societies Act. Had it been the case where the

President has suo motu given any show cause notice or charge memo

without interference of any common cadre employee / authority, it can be

presumed that the petitioner’s case strictly falls under 31(1) of the Rules.

6. As stated already, the enquiry has already been completed and the

petitioner has been given with a second show cause notice and he made his

submission. This would show that there is no idea to impose any major

punishment. Because the Board is competent to impose only the

punishments of censure or withholding of increment without cumulative

effect up to two years. Any other major penalties can be imposed only by

the Common Cadre Authority and not by the Board. In the event of any

punishment is imposed by the Board, the petitioner is entitled to file an

appeal before the Common Cadre authority. As of now the writ petitions

https://www.mhc.tn.gov.in/judis W.P.Nos.22764 & 23733 of 2021

and the prayer sought in the writ petition appears to be a premature one.

7. Since the petitioner has raised the point of lack of jurisdiction and

the stage of the proceedings is penultimate to the imposition of

punishment, I feel the petitioner can be given with his regular opportunity

to file an appeal by leaving all other grounds raised by him open to be dealt

by the appellate authority including jurisdiction.

8. Since the enquiry proceedings has almost reached an ultimatum,

the respondent authorities shall pass an order in respect of the period of

suspension. However it is needless to state that the petitioner is entitled to

get subsistence allowance till conclusion of the enquiry proceedings. Any

order towards accepting or rejecting the enquiry report or for imposing

punishment if any, shall be passed as expeditiously as possible.

9. With the above observations, this Writ Petitions are disposed. No

costs. Connected miscellaneous petitions are closed.

04.01.2024 Index: Yes / No Speaking order / Non-speaking order bkn

https://www.mhc.tn.gov.in/judis W.P.Nos.22764 & 23733 of 2021

R.N.MANJULA ,J.

bkn

To:

1. The Joint Registrar of Cooperative Societies, Perambalur region, Perambalur District.

2. The Domestic Enquiry Officer, Office of the Domestic Enquiry Officer, Ty. Spl. 109 V.Kalathur Primary Agricultural Co-operative Credit Society, Veppanthattai V.Kalathur Taluk, Perambalur District.