1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.3512 of 2011 C.Subbaian . .. Petitioner Vs. 1.The Joint Registrar of Cooperative Societies, Pudukkottai Region, Santhanathapuram 2nd Street, Pudukkottai 622 001. 2.The Special Officer, T.A.77 Okkur Primary Agricultural Co-operative Credit Society Ltd., Auvudaiyar Koil Taluk, Pudukkottai District 614 616. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Certiorarified Mandamus calling for the records relating to the impugned order bearing Na.Ka.No.4188/2010 A2, dated 9.9.2010 passed by the first respondent and quash the same and consequently direct the respondents to permit the petitioner to retire from service with all consequential benefits. For Petitioner :Mr.G.R.Swaminathan For Respondents :Mr.M.Govindan Spl.GP for R1 Mr.P.Chandra Bose for R2 ORDER The petitioner has filed the present writ petition seeking to challenge an order of revision made by the first respondent, the revisional authority, dated 09.09.2010. By the impugned order, the first respondent rejected the case of the petitioner for revising the suspension order dated 21.05.2010. 2. By the aforesaid order, the second respondent society did not permit the petitioner from getting retired from service. On the other hand, suspended him for conducting an enquiry. 3. The case of the petitioner was that once a person retired from service in a Co-operative Society, there is no scope for conducting any enquiry. Therefore, the order retaining in service by suspending him can be challenged in a revision application and https://hcservices.ecourts.gov.in/hcservices/ 2 in the absence of any law, the revision authority is bound to entertain the revision made by him. 4. A perusal of the order of suspension dated 21.05.2010 followed by a charge memo dated 13.08.2010, will show that the petitioner, who was working as a Secretary of the Society, was guilty of misconduct including the irregularities in the matter of crop insurance compensation sanctioned to the members. Subsequent to the charge memo, the petitioner has given an explanation and he has also given a representation. On the basis of the said representation, fresh charges were framed by charge memo dated 25.02.2011. The charges relate to irregularities, corruption and other serious misconduct. 5. The case of the petitioner was that he had reached the age of superannuation on 31.05.2010 and hence, there is no scope for conducting any enquiry. 6. The said stand of the petitioner cannot be countenanced by this Court in the light of the Division Bench Judgment of this Court in Registrar of Cooperative Societies, Chennai & Another V. G.Manoharan 2010 (2) CTC 234. Therefore, there is no illegality in the first respondent holding that the order which sought to be revised was only at the preliminary stage, as such revision under Section 153 of the Tamil Nadu Co-operative Societies Act is not maintainable. The petitioner has not made out any case. Hence, the writ petition will stand dismissed. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Joint Registrar of Cooperative Societies, Pudukkottai Region, Santhanathapuram 2nd Street, Pudukkottai 622 001. 2.The Special Officer, T.A.77 Okkur Primary Agricultural Co-operative Credit Society Ltd., Auvudaiyar Koil Taluk, Pudukkottai District 614 616. +1cc to the Special Govt.Pleader, Sr.No. 40146 jikr ssk/29.11.2011 /4c -2p/- Order made in W.P.(MD)No.3512 of 2011 15.11.2011 https://hcservices.ecourts.gov.in/hcservices/