1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.11227 of 2011 N.Annamalai : Petitioner Vs. 1.The Government of Tamil Nadu, Rep. by its Secretary, Co-operative Department, Fort St. George, Chennai. 2.The Registrar of Co-operative Societies, No.170, E.V.R.High Road, Kilpauk, Chennai. 3.The Joint Registrar of Co-operative Societies, No.2, Sarvangar Street, Palayamkottai, Tirunelveli. 4.The Special Officer, Thoothukudi District Central Co-operative Bank Limited, Vannarapettai, Tirunelveli. 5.The Deputy Registrar of Co-operative Societies, No.7, 6th Cross Street, Perumalpuram, Tirunelveli-7. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to pass final order on the charge memo dated 03.09.2010 by taking into consideration of all my defense within the stipulated time. For Petitioner : M/s.J.Nisha Banu For Respondents : Mr.S.Chandrasekar Government Advocate ORDER The petitioner, who has been issued with a charge memorandum dated 03.09.2010, has sought for a Mandamus, directing the respondents to pass final orders on the disciplinary action, by taking into consideration his defence. 2. Pleadings disclose that a charge memorandum has been issued on 03.09.2010. Explanation has been submitted. Not satisfied with the same, an Enquiry Officer has been appointed and according to the petitioner, the Enquiry Officer has also submitted his report on 05.05.2011. On receipt of the report on 10.06.2011, the petitioner has submitted his further reply on 20.06.2011 and also made a representation dated 11.08.2011, to pass orders on the disciplinary proceedings, before retirement. However, since the https://hcservices.ecourts.gov.in/hcservices/ 2 disciplinary proceedings were not concluded, the petitioner has been placed under suspension on 26.08.2011 and consequently, another order dated 30.08.2011 has been passed retaining the petitioner in service, pending disposal of the disciplinary proceedings. In the above said circumstances, the petitioner has come forward with the present Writ Petition for the reliefs stated supra. 3. In the supporting affidavit, the petitioner has further contended that the charges levelled against him do not relate to any grave misconduct, such as misappropriation or moral turpitude and, therefore, there may not be any impediment in passing final orders on the disciplinary proceedings. Further, the petitioner has submitted that he has rendered 37 years of unblemished service and pendency of disciplinary proceedings after retirement has caused agony. 4. Having regard to the averments and the material on record, Mr.S.Chandrasekar, learned Government Advocate was put on notice and heard. He submitted that appropriate orders would be passed on the disciplinary proceedings initiated against the petitioner. He prayed for sufficient time. His submission is placed on record. 5. Heard the learned counsel for the parties and perused the materials available on record. 6. Considering the averments and the limited relief sought for, there shall be a direction to the Deputy Registrar of Co-operative Societies, Tirunelveli, the fifth respondent herein, said to be the competent authority to pass orders on the disciplinary proceedings, to consider the defence put up by the petitioner and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. If any consultation is required in this matter from the Tamil Nadu Public Service Commission or any other competent authority under the Discipline and Appeal Rules, the same may be obtained, as expeditiously as possible and the directions of this Court shall be complied with, without any delay. 7. With the above directions, the Writ Petition is disposed of. No costs. SD/- Assistant Registrar (T & P) /True copy/ Sub Assistant Registrar(C.S) To 1.The Secretary, Co-operative Department, Fort St. George, Chennai. 2.The Registrar of Co-operative Societies, No.170, E.V.R.High Road, Kilpauk, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 3 3.The Joint Registrar of Co-operative Societies, No.2, Sarvangar Street, Palayamkottai, Tirunelveli. 4.The Special Officer, Thoothukudi District Central Co-operative Bank Limited, Vannarapettai, Tirunelveli. 5.The Deputy Registrar of Co-operative Societies, No.7, 6th Cross Street, Perumalpuram, Tirunelveli-7. +1. CC to the Special Government Pleader, SR.No. 34374 SML Order made in W.P.(MD).No.11227 of 2011 Dated:- 29.09.2011 TR :19.10.2011: 3p/7c https://hcservices.ecourts.gov.in/hcservices/