Madras High Court
The Joint Registrar Of vs M.V.Raja ... 1St on 25 June, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A(MD)No.1696 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A(MD)No.1696 of 2025
and
C.M.P(MD)No.9478 of 2025
The Joint Registrar of
Co-operative Societies,
Madurai Region,
Madurai District. ... Appellant /
1st Respondent
Vs.
1.M.V.Raja ... 1st Respondent /
Writ Petitioner
2.The Deputy Registrar of
Co-operative Societies (Housing),
Madurai Region,
Madurai District. ... 2nd Respondent /
2nd Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
order passed in W.P(MD)No.28665 of 2024 dated 22.01.2025 on the file of this
Court.
1/6
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W.A(MD)No.1696 of 2025
For Appellant : Mr.A.Kannan
Additional Government Pleader
For Respondents : Mr.C.Jeganathan for R.1
JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J.)
This Writ Appeal has been filed by the department questioning the order
dated 22.01.2025 passed by the learned single Judge in W.P(MD)No.28665 of
2024 filed by the first respondent herein. The first respondent herein was
serving in the co-operative department as co-operative sub-registrar. When he
was in-charge of the State Bank of India Employees and Public Service Co-
operative Housing Society during the period 2010-12, the first respondent is
said to have unauthorisedly sold a housing plot in favour of a non-member. In
this regard, a charge memo was issued to him on 09.10.2013. The said
proceedings culminated in the imposition of a punishment. Subsequently, on
the eve of his retirement, one more charge memo was issued on 27.09.2019. He
was also not permitted to retire from service. In this background, the first
respondent herein filed W.P(MD)No.28665 of 2024. The learned single Judge
after carefully perusing both the charge memos came to the conclusion that
second disciplinary action on the same set of facts cannot be initiated.
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Paragraphs 8 to 10 of the learned single Judge read as follows:
“8. It is the contention of the learned counsel for the
petitioner that the 2nd charge memo dated 27.09.2019 is
based upon the same set of facts as found in the 1st charge
memo dated 22.02.2013. According to him,when punishment
has already been imposed based upon the same set of facts,
the question of again issuing a 2nd charge memo on the same
set of facts does not arise which amounts to harassing the writ
petitioner.
9. A perusal of the order of the Hon'ble Division Bench
in W.A.(MD)No.395 of 2022 reveals that the Division Bench
has directed the 2 nd respondent to consider the explanation
submitted by the writ petitioner and to arrive at finding
whether the 2nd charge memo is based upon the same set of
facts found in the 1st charge memo or not. Accordingly, the
2nd respondent has already arrived at a finding that the
allegations found in the 2 nd charge memo are on the same set
of facts as in the 1st charge memo. In such circumstances, the
question of conducting another enquiry based upon the 2nd
charge memo does not arise. Therefore, the petitioner cannot
be retained in service citing that an enquiry arising out of the
2nd charge memo dated 27.09.2019 is still pending.
10. In view of the above said deliberations, the
respondents are directed to pass orders permitting the
petitioner to retire from service with effect from 30.04.2019
and disburse the eligible terminal benefits and pensionary
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benefits within a period of twelve (12) weeks from the date of
receipt of a copy of this order.”
2.We have also independently perused the contents of both the charge
memos. Both the charge memos relate to the sale of a housing plot authorised
by the writ petitioner in favour of a non-member. Since the first charge memo
admittedly culminated in a punishment, which was also accepted by the first
respondent and has attained finality, the question of initiating a second
disciplinary proceeding on the same set of facts did not arise at all. The
approach adopted by the learned single Judge cannot be faulted. There is no
merit in this Writ Appeal.
3.This Writ Appeal stands dismissed. There shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.
[G.R.S., J.] [K.R.S., J.]
25.06.2025
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
MGA
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To
The Deputy Registrar of
Co-operative Societies (Housing),
Madurai Region,
Madurai District.
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G.R.SWAMINATHAN, J
and
K.RAJASEKAR, J.
MGA
25.06.2025
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