R.Duraisamy vs The Deputy Registrar Of Co-Operative ...
2024 Latest Caselaw 17679 Mad

Madras High Court

R.Duraisamy vs The Deputy Registrar Of Co-Operative ... on 5 September, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                                 W.P.No.33784 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 05.09.2024

                                                      CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              W.P.No.33784 of 2023
                                                      and
                                             W.M.P.No. 33631 of 2023


                     R.Duraisamy                                                     ... Petitioner

                                                          vs.

                     1.The Deputy Registrar of Co-operative Societies (H),
                       Salem Region,
                       Salem.

                     2.S938, Attur Gandhi Nagar,
                       Co-operative House Building Society,
                       Rep. by its President / Administrator,
                       Attur, Salem District.                                     ... Respondents


                     PRAYER: Writ Petition is filed under Article 226 of the Constitution of
                     India, to issue a Writ of Certiorarified Mandamus, calling for the records of
                     the charge memo issued by the 2nd respondent dated 09.03.2011 and
                     consequential order of appointing house enquiry officer by the 1st
                     respondent in Na.Ka.No.734/2010/A dated 23.03.2023 quash the same.




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https://www.mhc.tn.gov.in/judis
                                                                                       W.P.No.33784 of 2023



                                        For Petitioner     : Mr.M.S.Palaniswamy

                                        For Respondents : Mr.M.Murali
                                                          Government Advocate for R1 & R2



                                                            ORDER

This Writ Petition has been filed challenging the charge memo issued

by the 2nd respondent dated 09.03.2011.

2. Heard Mr.M.S.Palaniswamy, learned counsel appearing for the

petitioner and Mr.M.Murali, learned Government Advocate appearing for

the respondents.

3. The case of the petitioner is that he was working as a Secretary in

the 2nd respondent Society. The DVAC registered an FIR in Crime No. 17

of 2002. The petitioner was arrayed as an accused. On completion of the

investigation, a final report was filed before the Special Court and it was

taken on file in Special.C.C.No.40 of 2003. The petitioner faced trial and

he was acquitted from all charges by judgment dated 15.06.2005. The

prosecution filed an appeal in Crl.A.No.1007 of 2005 before this Court and

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

the appeal was also dismissed by judgment dated 02.09.2010. Thereafter,

a charge memo came to be issued by the 2nd respondent and the charges

pertained to the same allegations, for which, the petitioner faced criminal

proceedings. This charge memo has been put to challenge in the present

Writ Petition.

4. In the considered view of this Court, this Court is not inclined to

interfere with the charge memo issued by the 2nd respondent. It is brought

to the notice of this Court that the petitioner is attaining the age of

superannuation in the coming months. Therefore, it will be more

appropriate to direct completion of the departmental proceedings itself

within a time frame.

5. In the light of the above discussion, there shall be a direction to the

2nd respondent to dispose of the disciplinary proceedings, after affording

sufficient opportunity to the petitioner within a period of three months from

the date of receipt of a copy of this order.

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6. This Writ Petition is disposed of with the above directions. No

costs. Consequently, connected miscellaneous petition is closed.

05.09.2024

kkn

Internet : Yes/No Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No

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

To

1.The Deputy Registrar of Co-operative Societies (H), Salem Region, Salem.

2.S938, Attur Gandhi Nagar, Co-operative House Building Society, Rep. by its President / Administrator, Attur, Salem District.

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

N.ANAND VENKATESH, J.

KKN

and

05.09.2024

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