Madras High Court
M.Dhandapani vs The Joint Registrar Of Co-Operative ... on 1 April, 2025
W.P.No.24871 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.04.2025
Coram:
THE HONOURABLE MRS.JUSTICE N.MALA
W.P.No.24871 of 2021
and
WMP.No's 26178 , 26181 and 26183 of 2021
M.Dhandapani ... Petitioner
Vs.
1. The Joint Registrar of Co-operative Societies,
Thiruvannamalai Region,
Thiruvannamalai- 606 604
Thiruvannamalai District.
2. The Deputy Registrar of Cooperative Societies,
Thiruvannamalai Circle,
Thiruvannamalai 606 604
Thiruvannamalai District.
3. The President,
V.T.645, Vengikkal Primary Agricultural
Cooperative Credit Society,
Vengikkal 606 604,
Thiruvannamalai Taluk and District.
... Respondents
Page No.1/9
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W.P.No.24871 of 2021
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, call for the records relating to
the impugned order passed by the 3rd Respondent in No.Nil dated 11.05.2021
(ante-dated order, actually passed in September 2021 and served on the petitioner
on 07.09.2021) and to QUASH the same and consequently directing the
Respondents to reinstate the Petitioner into service as per the order dated
11.05.2021 issued by the 3rd Respondent, with all consequential and other
attendant service benefits.
For Petitioner : Mr.S.Nedunchezhiyan
For Respondents : Mr.S.Ravikumar,
Special Government Pleader,
for RR1 and 2
No appearance for R3
ORDER
The writ petition is filed for a writ of certiorarified mandamus, challenging
the impugned order of the 3rd respondent, dated 11.05.2021, cancelling the
reinstatement order dated 11.05.2021, as arbitrary, illegal and against the law.
2. The brief facts are that the petitioner who was a Secretary of the 3rd
respondent Society, was placed under suspension for lack of supervision with
effect from 27.12.2017, consequent to the initiation of a criminal case against the
cashier, R.Subramanian, for misappropriation of funds. Though the petitioner was
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suspended from 2017, he was not paid subsistence allowance from the date of
suspension as is statutorily mandated. The petitioner was kept under prolonged
suspension and in pursuance of the repeated representations of the petitioner, the
3rd respondent issued the order dated 11.05.2021, reinstating him into service. The
petitioner joined service on 11.05.2021, itself and continued to draw salary
between May and June, 2021. Eventhough the salary for the month of July and
August was sanctioned, the same was not paid to the petitioner. While so, the
impugned order dated 11.05.2021, came to be passed by the 3rd respondent
cancelling the reinstatement order with a direction to pay back the salary received
by the petitioner from 11.05.2021 to 30.06.2021. Aggrieved by the revocation of
the reinstatement order, the petitioner filed the above writ petition for the
aforesaid relief.
3. The respondent filed detail counter denying all the allegations and
contentions raised by the petitioner. The respondents stated inter alia that the
writ petition was not maintainable in view of the judgment of this court in the case
of M.Marappan versus The Deputy Registrar of Co-operative Societies, Namakkal
circle and others, reported in 2006 (4) CTC 689. The respondents submitted that
the 3rd respondent's board of directors' resolution dated 11.05.2021, to reinstate the
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petitioner was passed without consulting the department's higher administrative
authorities and by overlooking the criminal cases. On coming to know that the
petitioner's post of Secretary was covered by the common cadre services, the board
of management rectified the erroneous order of reinstatement dated 11.05.2021, by
passing fresh resolution on 10.08.2021, cancelling the earlier resolution passed on
11.05.2021. Hence the petitioner was restored to the original post vide the
impugned order dated 11.05.2021. The respondents further submitted that the
petitioner who was the Secretary of the 3rd respondent Society, during the relevant
period was the main cause for the serious irregularities which resulted in the loss
to the tune of Rs.1.08 Crores to the Society and therefore, the impugned order
could not be faulted. The respondents hence submitted that the writ petition was
devoid of merits and same deserved to be dismissed.
4. The learned counsel for the petitioner submitted that the impugned order
deserved to be set aside, as the same was ante-dated which would be evident from
the impugned order itself and the counter filed by the respondents. The learned
counsel further submitted that the respondents were bound to issue a notice to the
petitioner before revoking the reinstatement order and failure to do so, violated the
principles of natural justice. The learned counsel therefore submitted that the
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impugned order was unsustainable and same deserved to be set aside and the writ
petition allowed.
5. The learned Additional Government Pleader reiterated the submissions
made in the counter affidavit and submitted that the writ petition lacked merit and
hence the same deserved to be dismissed.
6. I have heard both the learned counsels and perused the materials placed
on record.
7. The petitioner was placed under suspension on 27.12.2017, for
misappropriation of funds along with the cashier of the 3rd respondent Society.
After prolonged suspension, the petitioners suspension order was revoked on
11.05.2021, by the board of directors of the 3rd respondent vide resolution dated
11.05.2021 and thereafter the petitioner was reinstated. The petitioner joined
service on 11.05.2021, and he was paid salary for the month of May and June.
While so, the impugned order dated 11.05.2021, was passed cancelling the
reinstatement order dated 11.05.2021, directing the petitioner to pay back the
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salary received by the petitioner up to 30.06.2021.
8. As rightly contended by the learned counsel for the petitioner, the
impugned order appears to be ante-dated. Admittedly the petitioner was reinstated
on 11.05.2021, albeit, without consulting the department's administrative
authorities. Moreover, the respondents in the counter clearly admitted that on
coming to know that the petitioner was covered by the common cadre service, the
board of Directors passed a fresh resolution on 10.08.2021. The said admission
clearly establishes that the impugned order was ante-dated. If the resolution was
passed only on 10.08.2021, it is inconceivable that the order cancelling the
petitioner's reinstatement could have been passed on 11.05.2021 – particularly
when the petitioner was paid salary for the months of May and June. Accordingly,
I find that the impugned order is arbitrary, illegal and unsustainable in law.
9. That apart, while cancelling the reinstatement order, the petitioner was
not issued with any notice. Even without affording an opportunity to the
petitioner, the impugned order was passed in total violation of principles of natural
justice, I am therefore of the view that the impugned order suffers from multiple
infirmities and therefore the same deserves to be set aside.
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10. In the light of the above discussions, the impugned order dated
11.05.2021, is set aside and the matter is therefore remitted to the 1 st respondent
for fresh consideration. The petitioner is directed to submit a representation to the
1st respondent for subsistence allowance and for reinstatement within a period of
two (2) weeks from the date of receipt of a copy of this order. The petitioner is
also permitted to submit a similar representation to the 3rd respondent. On receipt
of the petitioners representation, the 1st respondent shall consider and pass
appropriate orders on merits and in accordance with law, within a period of four
(4) weeks thereafter.
In view of the aforesaid directions, writ petition is disposed of. However,
there shall be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
01.04.2025
Index:Yes/No
Neutral Citation:Yes/No
Speaking order:Yes/No
dsn
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To
1. The Joint Registrar of Co-operative Societies,
Thiruvannamalai Region,
Thiruvannamalai District.
Thiruvannamalai- 606 604.
2. The Deputy Registrar of Cooperative Societies,
Thiruvannamalai Circle,
Thiruvannamalai District.
Thiruvannamalai 606 604.
3. The President,
V.T.645, Vengikkal Primary Agricultural
Cooperative Credit Society,
Thiruvannamalai Taluk and District.
Vengikkal 606 604
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N.MALA,J.
dsn
01.04.2025
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